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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, J, SYAM KUMAR V.M.
Chairman And Managing Director Kerala State Road Transport Corporation – Appellant
Versus
Anas Babu B. – Respondent
| Table of Content |
|---|
| 1. challenge to interim order regarding payment in writ petition. (Para 2 , 3) |
| 2. arguments on the validity of interim payment orders. (Para 4 , 5) |
| 3. discussion on categories of interlocutory orders. (Para 6 , 7 , 8) |
| 4. court's reasoning against interim orders determining rights. (Para 9) |
| 5. final decision to set aside the interim order. (Para 10) |
JUDGMENT :
Sushrut Arvind Dharmadhikari, J.
The present Writ Appeal under Section 5 of the Kerala High Court Act, 1958, assails the interim order dated 17.03.2025 passed in W.P(C)No.4690 of 2020, whereby the learned Single Judge has issued certain directions to disburse the amount to the 1 st respondent/petitioner in respect of the outstanding amount to be paid for the construction of bus terminal/shopping complex.
2. The appellants herein are respondents 2 and 3 in the Writ Petition. The learned counsel for the appellants submitted that the 1 st respondent/petitioner had filed the Writ Petition seeking for the following reliefs:
“(i) A writ of mandamus or any other appropriate writ, order or direction be issued commanding the Respondents to make immediate payment of pending 4th Running Account bill amounting to Rs. 92,86,912/- ce
Interim orders must not determine rights without final adjudication; their appealability depends on whether they materially affect the main case.
Interlocutory orders can be appealable under certain circumstances if they affect substantive rights, even if termed interim.
An interim order does not constitute a final determination of rights, making an appeal under such circumstances non-maintainable.
An appeal against an interim order is permissible if it substantially affects the rights or liabilities of the parties, as per Section 5(i) of the Kerala High Court Act.
Interlocutory orders do not constitute 'judgments' under Clause 15 of the Letters Patent, and appeals against them are not maintainable.
Ad-interim interim orders issued at the admission stage of a writ petition cannot be appealed under the Kerala High Court Act.
An ‘order’ obviously cannot include mere procedural orders of adjournment, admission of writ, summoning of documents or witnesses, or directing local inspection etc. which orders do not seriously aff....
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