PRANIKA INDUSTRIES Vs. MALABAR CEMENTS LIMITED

JUDGEMENT

(1.) These appeals are filed against the orders in R.P. Nos.1033 and 1026 of 2016 in W.P.(C) Nos.8576 and 8577 of 2012, and the judgments in the writ petitions.

(2.) The writ petitions were filed by the appellants complaining that a portion of the amounts due to them for having supplied fly ash to the respondent company were withheld by the company. By a common judgment rendered on 29.08.2016, taking note of the submissions made on behalf of the company that it has already instituted legal proceedings against M/s A.R.K. Wood and Metal Pvt. Ltd. for realisation of the entire dues from them and that therefore, the amounts due to the writ petitioners can be disbursed, the learned single Judge disposed of the writ petitions directing disbursement of the admitted amounts due to the writ petitioners.

(3.) Seeking review of the common judgment, the respondent company and its Managing Director filed R.P. No.1033 of 2016 in W.P.(C) Nos.8576 of 2012 and R.P. No.1026 of 2016 in W.P.(C) No.8577 of 2012. By a common order passed on 102.2017, the review petitions were allowed and the common judgment was recalled.