The issue is covered by Mooney and others v. State of Kerala and another [2014 (2) KHC 606]. Therefore the reasons stated therein apply to the present original petition also. The only difference is that the Execution Application for apportionment was allegedly allowed during the subsistence of the Award. But I have already held in Mooney's case that such orders are merely step-in-procedure during the course of the recovery proceedings. 2. There has admittedly been only a partial deposit towards the Award amount. The same can only be adjusted towards interest and costs and then towards the principal. There cannot be any apportionment to the principal amount when there is a short fall in deposit. The impugned orders passed in the Execution Petition and in the Execution Application to record full satisfaction are set aside.
2. The parties shall appear before the Execution Court on 30.6.2014 for further steps.
The Original Petition is allowed.
Sd/- V.CHITAMBARESH, Judge.
nj.