K. M. Joseph, J. The appeal, preferred challenging the order of the learned Single Judge, came to be dismissed noting that even though time had been granted to the appellant for paying the amount, which was ordered to be paid, the same was not deposited. We also notice that the appellant has not made out any ground to interfere with the order of the learned Single Judge.
2. We heard the learned counsel for the review petitioner/appellant as well as the learned counsel for the respondent.
3. It is pointed out by the learned counsel for the review petitioner that the amount, which was directed to be deposited, had been deposited on 15/5/2014. We find that, in the review petition it is contended that there is a valid ground for interfering with the order of the learned Single Judge. The learned counsel for the review petitioner submitted that the petitioner is prepared to pay off the balance amount in installments. Therefore, we asked the learned counsel for the respondent to get instructions in the matter.
4. Today, when the case is taken up for consideration, the learned counsel for the respondent submits that, if this Court permits the review petitioner to pay off the outstanding amount with interest in six equal monthly installments, the respondent has no objection .
5. In the circumstances of the case, we review the judgment in Co.Appeal No.41/2011 and dispose of the appeal on the following terms:
i). We permit the appellant to pay off the outstanding balance amount with due interest in six equal monthly installments, first of which shall be paid on or before 31/7/2014.
ii). If the review petitioner pays the entire amount as directed above,the order impugned in the appeal will stand set aside. If the review petitioner/appellant fails to make payment of any single installment, he will forfeit the benefit of this order and the impugned order will stand revived.
Nothing in this order will stand in the way of the appellant seeking reduction in the interest from the respondent.
Sd/-
K. M. JOSEPH, JUDGE Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE dpk. /True copy/ PS to Judge.