DEVSHI BHANJI KHONA Vs. DEPUTY CONSERVATOR

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) During the pendency of this writ petition, the vessel in question was sold by appointing an Advocate Commissioner. By virtue of the orders passed by this Court, the amount secured were released to the respective parties. In short, the reliefs sought for by the petitioner remains satisfied. However, an amount of Rs. 12, 90, 397/- remained balance, which was directed to be put in a fixed deposit. Interest is also being accrued. The fixed deposits are due to expire on 09.06.2018 and 18.07.2018. I am informed that additional 11th respondent has staked a claim to the vessel, and therefore, it makes a claim to the balance amount retained by the Registrar as per the directions issued by this Court on various dates. Additional 11th respondent is a company incorporated in Iran and there is no due representation for the said company, at this distance of time. Since the reliefs sought for by the petitioner remains satisfied, I do not find any reason to retain the writ petition any further, since the same is pending before this Court from the year 2009. However, the issue with respect to the ownership of the vessel and the balance remaining amount are the questions remaining to be considered.

(3.) In that view of the matter, and after hearing the respective counsel appearing before me, I am of the considered opinion that the writ petition can be disposed of with appropriate directions and making a reasonable precautionary measure so far as the amount remaining with the Registrar is concerned. Since the fixed deposits are maturing on 09.06.2018 and 18.07.2018, the Registrar General is directed to renew the fixed deposits for a further period of one year from the said dates. If no claims are made by any person in respect of the balance amount, the said amount shall be utilised on expiry of the renewed period as is directed above, to the advantage of the Kerala Legal Service Authority.