IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WA.No. 1719 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.10323/2010 Dated 06/07/2010 .................... APPELLANTS/RESPONDENTS 1 TO 4: ---------------------------------------- 1. GOVERNMENT OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110 001. 2. CHIEF DIRECTOR OF PURCHASE, MINISTRY OF DEFENCE ARMY PURCHASE ORGANISATION (APO), ROOM NO.393, KRISHI BHAVAN, NEW DELHI- 110 001. 3. SECTION OFFICER (PURCHASE), MINISTRY OF DEFENCE, ARMY PURCHASE ORGANISTATION (APO), ROOM NO.393, KRISHI BHAVAN, NEW DELHI- 110 001. 4. SECRETARY TO GOVERNMENT, MINISTRY OF SMALL SCALE INDUSTRIES & AGRO AND RURAL INDUSTRIES,UDYOG BHAVAN, NEW DELHI-110 001. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENTS/PETITIONER & 5TH RESPONDENT: -------------------------------------------------------- 1. DAKSHIN AGRO TECH PVT.LTD.,VIRUTHATHU HOUSE, PANDANADU P.O., CHENGANNUR, KERALA-689 506, REPRESENTED BY ITS DIRECTOR AJAY CHANDRAN. 2. THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., S-67, GCDA, COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN- 682 031 REPRESENTED BY ITS SENIOR BRANCH MANAGER. R1 BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE SRI.N.SREEKUMAR (ELAMAKKARA) SRI.A.RAJASIMHAN R2 BY ADV. SRI.MILLU DANDAPANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1719 OF 2010 and I.A. No. 259 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2011 JUDGMENT J.Chelameswar, C.J. I.A. No. 259 of 2011 is filed with the prayer as follows: “For the reasons stated in the accompanying affidavit it is most humbly submitted that in the interest of justice this Hon'ble Court may kindly be pleased to vacate the interim order passed on 21.02.2011 in the above Writ Appeal.” 2. The said I.A. is filed by the 1st respondent in the writ appeal who is the petitioner in W.P.(C) No.10323 of 2010. The instant application is preferred by the said petitioner seeking vacation of interim oder dated 21.02.2011 in the instant appeal. 3. The appeal itself is preferred by the Union of India and others aggrieved by an interim order dated 06.07.2010. The dispute in the writ petition is regarding the legality of the proposal of the appellant - Union of India, to WA No. 1719 of 2010 -:2:- recover certain amounts from the writ petitioner on various grounds, the details of which may not be necessary for the present purpose, except to state that the dispute arises out of a contract between the Union of India and the writ petitioner. In the abovementioned circumstances, we are of the opinion that the appeal itself can be disposed of directing the Registry to list W.P.(C) No.10323 of 2010 for hearing on 25.05.2011 before appropriate Bench. The interim order granted earlier during the pendency of the appeal stands vacated. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb WA No. 1719 of 2010 -:3:-