Review petition by Kerala State Electricity Board seeking review of a writ petition order dismissing claims to set off alleged electricity dues against an award amount. The bench dismissed the review holding the Board cannot obstruct execution by claiming set-off.
Review petition dismissed; authority cannot claim set-off to obstruct execution of award.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930
RP.No. 1353 of 2008(E) -----------------------------------AGAINST THE JUDGEMENT IN WPC.34277/2008
REVIEW PETITIONER/PETITIONER:
KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHY BHAVAN, THIRUVANANTHAPURAM.
BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN
RESPONDENT/RESPONDENT:
M/S WESTERN INDIAN COTTONS LTD., PAPPINISSERRY - REPRESENTED BY ITS MANAGING DIRECTOR.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.P. Balachandran, J.
R.P.No.1353 of 2008 in W.P.(C)No.34277 of 2008
ORDER
Heard counsel for the petitioner. I am not
convinced of existence of grounds for review on the submissions made on the strength of Exhibit P5 filed before this Court, showing the amounts allegedly due to the Board from the respondent on several counts. In the judgment in the writ petition dated 20.11.2008, it was already observed that if at all any amount is due to the petitioner/ Board by way of electricity charges, etc., they may recover it otherwise and it is not for them to claim set off of that amount as against the award amount sought to be realised from them by execution of the award. In view of the said direction, rights of the Board, if any, are protected and they cannot obstruct execution of the award contending
that amounts are due to them also from the
respondent and after adjustment the balance alone
RP 1353/08 2
will be due. This review petition is dismissed. 19th December, 2008 (K.P.Balachandran, Judge) tkv
Kerala State Electricity Board
M/s Western Indian Cottons Ltd.
K.P. Balachandran
As recorded by the court registry
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