E.C.Cheriyan v. C.Ramachandran
Case brief
What is this about?
In a Contempt case, the High Court of Kerala held that the original order did not issue a positive direction to pay undisputed amounts with interest but only stipulated interest upon failure to pay within a timeframe. Consequently, the Court rejected the Contempt case, directing the complainant to approach the appropriate forum for relief under the Contempt of Courts Act.
What did the court decide?
The Contempt Case (C) No. 801 of 2007 and I.A. No. 306 of 2007 were rejected.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JUNE 2007 / 18TH JYAISHTA 1929
Con. Case ( C) No. 801 of 2007 (S)
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AGAINST THE JUDGEMENT IN OP. 21126/2002 DATED 29.08.2002
PETITIONER/PETITIONER IN THE OP.
E.C. CHERIAN, CONTRACTOR, AGED 49 YEARS, S/O. JOSEPH CHERIAN, CONTRACTOR, INCHIKALA ALIAS, KUNNATH HOUSE, THELLAKAM POST, ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT.
BY ADV. SHRI P. KURUVILLA JACOB.
RESPONDENTS/RESPONDENTS NO. 1 AND 4 IN THE OP::
Issues for consideration
2 issues framed by the court
Whether a complaint of deliberate disobedience regarding payment of undisputed amounts with interest can be filed under the Contempt of Courts Act when the original order only stipulated interest upon
Whether the complainant should approach the appropriate forum instead of filing a Contempt Case for non-compliance with such an order.
Parties & counsel
- petitioner
E.C. Cheriyan
- respondent
C. Ramachandran
- respondent
Josemon Antony
Coram
Case details
As recorded by the court registry
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