IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 36884 of 2007(N) -------------------------- PETITIONER: ------------ C.J.JOSEPH FRANKLIN, AGED 59, CONTRACTOR, CHAKKALACKAL HOUSE, KUMBALANGHI P.O., KOCHI-7. BY ADV. SRI.K.L.JOSEPH SMT.SAREENA GEORGE RESPONDENTS: ------------- 1. THE DIVISIONAL ENGINEER, KERALA AGRO INDUSTRIES CORPORATION LIMITED, ATHANI P.O., ALUVA, ERNAKULAM-683 585. 2. THE CHIEF ENGINEER, KERALA AGRO INDUSTRIES CORPORATION LIMITED, G-101, PANAMPILLY NAGAR, KOCHI-35. 3. THE MANAGING DIRECTOR, KERALA AGRO INDUSTRIES CORPORATION LIMITED, KISSAN JYOTHI, FORT, THIRUVANANTHAPURAM-695 023. BY SRI.E.K.NANDAKUMAR, SC, KAIC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.36884 of 2007(N) ======================= Dated this the 3rd day of January, 2008 JUDGMENT The petitioner is a contractor who had undertaken works on behalf of the respondents. A balance amount of Rs.63,383/- and EMD of Rs.2,500/- is due to him, with interest, for the work done. The petitioner seeks a direction to the respondent to pay the said amounts to him with interest. The learned standing counsel appearing for the respondent submits that amounts could not be paid only because of the precarious financial condition of the Company and that the amount can be paid in three instalments. Accordingly, the writ petition is disposed of with the following direction: The respondents shall pay the above said amounts to the petitioner in three instalments payable on 31.1.2008, 29.2.2008 W.P.(C) No.36884/2007/N -2- and 31.3.2008. I am not inclined to entertain the claim for interest in this writ petition. That claim is left open to be agitated by the petitioner in other appropriate proceedings, if the petitioner so desires. S.SIRI JAGAN, JUDGE jp