The Muthoot Plaza Airpots Operations v. Shri R.S. Gujral, Secretary to Government

Kerala HC12 Jun 2012Con.Case(C)/433/2012

Case brief

AI extract

What is this about?

In a contempt proceeding, the court examined affidavits filed by respondents claiming compliance with a previous judgment by executing legislation and accepting provisional award letters. The court accepted these submissions and closed the contempt case.

What did the court decide?

Contempt case (C.O.C.) closed recording submission made by respondents.

The Muthoot Plaza Airpots Operations Vs Shri R.S… — Specific Performance | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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TUESDAY, THE 12TH DAY OF JUNE 2012/22ND JYAISHTA 1934

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Con.Case(C).No. 433 of 2012 (S) IN WPC/25679/2011

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AGAINST THE JUDGMENT IN WPC.25679/2011 DATED 21-11-2011

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PETITIONER(S):

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THE MUTHOOT PLAZA AIRPOTS OPERATIONS, (A UNIT OF MUTHOOT HOTELS & INFRASTRUCTURE VENTURES (P)LTD. MUTHOOT CENTRE, PUNNEN ROAD, THIRUVANANTHAPURAM-695 034 REPRESENTED BY ITS SENIOR MANAGER, SABU ZACHARIA.K S/O.V.S.KUNCHARIA, AGED 51 YEARS.

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BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI

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RESPONDENT(S):

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SHRI R.S. GUJRAL, SECRETARY TO GOVERNMENT

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(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),

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SECRETARY TO GOVERNMENT MINISTRY OF FINANCE, DEPARTMENT OF REVENUE RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT NEW DELHI-110 037.

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SHRI.D.DEVARAJ

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(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), EXECUTIVE DIRECTOR AIRPORT AUTHORITY OF INDIA HAVING ITS REGISTERED OFFICE AT

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RAJIV GANDHI BHAVAN

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SAFDARJUNG AIRPORT, NEW DELHI-110 037.

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SHRI.R.RAJESH

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(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),

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MANAGER (COMMERCIAL) TRIVANDRUM INTERNATIONAL AIRPORT THIRUVANANTHAPURAM-695 008.

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SHRI.G.CHANDRAMOULI

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(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), AIRPORTS DIRECTOR TRIVANDRUM INTERNATIONAL AIRPORT THIRUVANANTHAPURAM-695 008.

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BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA BY ADV. SRI.V.SANTHARAM

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J

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........................................ C.O.C.433/2012

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.............................................. Dated this the 12^th day of June, 2012

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JUDGMENT

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This petition has been filed complaining that the respondents have fully disobeyed the directions in Annexure-A judgment of this Court in W.P.(C). 25679/2011. In paragraph 24 of the judgment, this Court directed thus:-

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“Therefore I quash Exts.P29 and P30 and direct the petitioner to immediately resubmit the EMD that was returned as per Exts.P29 and P30, in which event, the licence agreements will be entered into between the parties allotting the petitioner the earmarked areas in the Terminals subject to the other tender conditions.”

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In the affidavit filed by respondents 2 to 4 they submit that they have filed W.A.1935/2011 against the judgment and that without prejudice to their contentions, they have complied with the judgment by issuing Annexures-R1 and R2. It is further stated thus:-

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C.O.C.433/12

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“Accordingly further proceedings were initiated on acceptance of the Annexure-R1 and R2 by the petitioner and the respective agreements will be executed on completion of contractual formalities by the petitioner. The petitioner has accepted the provisional award letter vide their letter dated 1.6.2012 also. The judgment of this Honourable Court was duly complied with, without prejudice to Airport Authority's right to pursue the Writ Appeal No.1935 of 2011 and subject to the outcome of the said writ appeal.”

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Therefore, C.O.C is closed recording the submission made by the respondents in the affidavit

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filed by them.

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ANTONY DOMINIC, Judge

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mrcs

The Muthoot Plaza Airpots Operations v. Shri R.S. Gujral, Secretary to Government

Case brief

What is this about?

What did the court decide?

The Muthoot Plaza Airpots Operations v. Shri R.S. Gujral, Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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