IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT APPEAL NO.9 OF 2015 (GM – KEB) BETWEEN:
SMT.SHAKILA A SHETTY AGE 47 YEARS PROPRIETRIX OF M/S.AKSHAYA ICE AND COLD STORAGE N H NO.17, UDUPI TOWN UDUPI, D K DISTRICT-576101. … APPELLANT (BY SRI RAKSHITH KUMAR FOR SRI A ANAND SHETTY, ADVOCATES) AND:
1. THE ASSISTANT EXECUTIVE ENGINEER (ELEC.), MESCOM UDUPI SUB-DIVISION UDUPI-576101.
2. THE EXECUTIVE ENGINEER (ELEC.) MESCOM, UDUPI SUB-DIVISION UDUPI – 576101.
3. M/S.CHAMUNDESHWARI ELECTRICAL SUPPLY CORPORATION LTD., MYSURU, AND THE APPELLATE AUTHORITY, BY ITS DIRECTOR (TECHNICAL) MYSURU – 570 008. …RESPONDENTS (BY SRI H V DEVARAJU, ADVOCATE FOR R1 & R2, SERVICE OF NOTICE TO R3 IS DISPENSED WITH VIDE ORDER DTD:17.3.2016) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.49110 OF 2013 DATED 13.11.2014.
***** THIS WRIT APPEAL COMING ON FOR HEARING THIS DAY, RAVI MALIMATH.,J DELIVERED THE FOLLOWING:
J U D G M E N T Heard learned counsels.
2. After hearing learned counsels, the learned counsel for respondent Nos.1 and 2 has filed a memo in the Court today indicating the various payments made and due. In terms whereof, it is stated that a sum of Rs.10,45,584/- with interest was due for the relevant period. The said memo reads thus:
“The Respondents 1 and 2 submits that, the appellant was due sum of Rs.10,45,584/- and after deducting the amount already paid the sum of Rs.5,20,900/- the due amount of Rs.5,24,684/- and interest on the said sum of Rs.5,24,684/- from 18/09/2013 to 22/07/2015 the date of termination of agreement is of Rs.1,16,277/- and thus total due was Rs.6,40,961/-.
In terms of interim order dated 22/03/2019 the appellant has deposited the sum of Rs.5,00,000/- on the file of this Hon’ble Court and after deducting the said sum of Rs.5,00,000/- out of Rs.6,40,961/- the balance amount is of Rs.1,40,961/- and however the Respondents 1 and 2 are entitled to withdraw the amount of Rs.5,00,000/- in deposit on the file this Hon’ble Court.
Hence this Memo is filed bringing to the notice of this Hon’ble Court that the appellant is due of Rs.1,40,961/- in the interest of justice.”
3. On considering the contentions and the manner in which the proceedings are conducted, to meet the ends of justice, it is directed that the appellant to pay 50% of the remaining amount of Rs.6,40,961/-. 50% of the said amount shall be deposited with the 2nd respondent within a period of four weeks from today. The respondents do not have any further claim against the appellant with regard to the deposited amount.
Consequently, the order dated 19.9.2013 passed by the Appellate Authority and the fresh demand notice dated 1.10.2013 are set aside.
Writ appeal is accordingly disposed off.
Sd/- JUDGE Sd/- JUDGE Bkm