IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WA.No. 455 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2593/2009 Dated 18/02/2008 .................... APPELLANT(S): PETITIONER: --------------------------------------------- M/S.K.K.PLASTICS, INDUSTRIAL DEVELOPMENT AREA, ERUMATHALA P.O., ALUVA, REP. BY ITS MANAGING PARTNER, K.K.IBRAHIM. BY ADVS.MR.K.I.ABDUL RASHEED, MR.K.A.SHAMSUDEEN. RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, KSEB, ELECTRICAL CIRCLE, PERUMBAVOOR. 4. THE EXECUTIVE ENGINEER, KSEB, ELECTRICAL DIVISION, ALUVA. 5. THE ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SUB DIVISION, ALUVA. BY GOVERNMENT PLEADER SMT. K. MEERA BY ADV. MR. C.K.KARUNAKARAN, SC, KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.A. No.455 of 2009 ---------------------------------------- Dated this the 26th day of February, 2009 Judgment Koshy, Ag.C.J. Appeal filed by the appellant/petitioner is pending. The learned Judge directed to furnish bank guarantee for the amount demanded pending disposal of appeal. We heard both sides. Considering the facts and circumstances of the case, if petitioner deposits Rs.Two lakhs within three weeks from today, condition of bank guarantee can be waived provided petitioner files an undertaking that he will pay the balance amount depending upon the decision in the appeal for which Annexure A4 notice was already issued by the appellate authority before hearing of the appeal. Appellate authority can postpone the hearing of the appeal by one month. The writ appeal is disposed of accordingly. J.B.Koshy Acting Chief Justice V. Giri Judge vaa PTO :: 2 :: The following sentence is added before the penultimate sentence of the judgment dated 26/02/2009 in W.A.No.455/2009. “Appeal should be heard by the appellate authority as provided under Rule 3 of the Appeal to the Appellate Authority Rules, 2004.” As per order dated 11/03/2009 in I.A.No.214/2009 in W.A.No.455/2009. Sd/- Registrar (Judicial) J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- I.A.No.214 of 2009 in W.A. No.455 of 2009 ---------------------------------------- Dated this the 11th day of March, 2009 Order Koshy, Ag.C.J. Before the penultimate sentence of the judgment, the following sentence should be added: “Appeal should be heard by the appellate authority as provided under Rule 3 of the Appeal to the Appellate Authority Rules, 2004.” J.B.Koshy Acting Chief Justice V. Giri Judge tks