IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 RP.No. 60 of 2009 ------------------------- AGAINST THE JUDGEMENT IN ARB.A.37/2008 Dated 29/10/2008 .................... REVIEW PETITIONER/RESPONDENT/RESPONDENT -------------------------------------------------------------------------- THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY,MPEDA HOUSE,PANAMPILLY NAGAR, COCHIN-682036,REP; BY ITS SECRETARY. BY ADV. SRI.JOSEPH KODIANTHARA SRI.MATHEWS K.UTHUPPACHAN RESPONDENTS/APPELLANTS/APPELLANTS --------------------------------------------------------------- 1. SRI.B.NARAYANA MURTHY,M/S.VIJAYA SHRIMP FARM EXPORTS LIMITED, 8-2/269/19/5/B, SRI RESIDENCY, 1ST FLOOR, ROAD NO.2,BANJARA HILLS, HYDERABAD-500034. 2. SRI.G.VENKATESWARA RAO,BEHIND ZP QUARTERS H.NO.6-2-117,KHAMMAM, ANDHRA PRADESH. 3. SRI.G.S.RAMACHANDRA RAO,MIG 25/668, KPHB COLONY,KUKATPALLY,HYDERABAD-500072. 4. M/S.VIJAYA SHRIMP FARM EXPORTS LIMITED, 8-2/269/19/5/B,SRI. RESIDENCY,1ST FLOOR,ROAD NO.2, BANJARA HILLS, HYDERABAD-500034,REP; BY ITS MANAGING DIRECTOR. BY STANDING COUNSEL SRI.A.V.THOMAS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy, Ag.C.J. & K.P.Balachandran, J. ------------------------------------------ R.P.No. 60 of 2009 ------------------------------------------ Dated, this the 28th day of January, 2009 ORDER J.B.Koshy, Ag.C.J. Both sides agree that no amount is due from the company and therefore, the following sentences in the impugned judgment are deleted. “It is also prayed by the counsel for the appellants that assets of the company should be proceeded first as substantial amount can be realised from the assets. In fact, the respondent authority wants the money back. It is for the respondent to proceed against the assets of the company first and if it is not realised only steps need be taken for personal execution unless unnecessary obstructions are created by the appellants in proceeding against the company assets.” Review petition is allowed. J.B.Koshy (Ag. Chief Justice) K.P.Balachandran (Judge) vns