Dismissed

Baby N.V v. Sri.Ajith Bhagavath Rao Patll

Kerala HC2 Nov 2016Con.Case(C)/1402/2016

Case brief

AI extract

What is this about?

This contempt case was filed alleging non-compliance of a judgment mandating payment of an admitted bill. The court held that since the respondent authority had released the admitted amount prior to hearing, no contempt was established. The case was dismissed.

What did the court decide?

Contempt case closed as no contempt found; prayer for enforcement of admitted amount deemed satisfied.

Baby N.V Vs Sri.Ajith Bhagavath Rao Patll — Contempt of Court | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

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Con.Case(C).No. 1402 of 2016 (S)

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AGAINST THE JUDGMENT IN W.P(C).NO. 5274/2016, DATED 21-03-2016

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PETITIONER(S)/PETITIONER :

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BABY N.V., S/O. SIMON VARGHESE, AGED 64 YEARS, PERICKAMATTATHIL HOUSE, EZHAKARANADU SOUTH P.O., PUTHENCRUZ, ERNAKULAM DISTRICT-682 308.

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BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE

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RESPONDENT(S)/RESPONDENTS :

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1. SRI.AJITH BHAGAVATH RAO PATLL, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695 001.

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2. MR.BABU THOMAS, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, NEAR GENERAL HOSPITAL, KOCHI-11.

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3. SMT.JESSY JOSE, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, KOCHI-16.

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BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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Con.Case(C).No. 1402 of 2016 (S)

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A: TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.03.2016 IN W.P(C).NO. 5274/2016.

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ANNEXURE B: TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 03.06.2016.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE

Msd.

A. MUHAMED MUSTAQUE, J.

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Cont. Case (C) No. 1402 of 2016

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Dated this the 2^nd day of November, 2016

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J U D G M E N T

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1.This contempt case is filed, alleging non compliance of

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the judgment dated 21.03.2016 in WP(C) No.5274/2016, directing the respondent to pay the admitted amount.

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2.Admittedly, the petitioner was paid part bill for ₹77,36,516/-. According to the water authority, it was the only admitted amount at that time.

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3.As seen from the counter affidavit, one more bill was submitted on 01.03.2016 prior to the judgment. However, the water authority could not act upon the bill for the reason that the petitioner has not executed the supplementary agreement. The supplementary agreement was executed only on 26.05.2016. It is submitted that the bills were passed and submitted for payment on 02.06.2016.

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Cont. Case (C) No. 1402 of 2016

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..2..

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4.Therefore, this Court is of the view that there is no contempt as the admitted amount at the time of the judgment has been released by the water authority.

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5.The contempt case is closed accordingly.

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Sd/-

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A. MUHAMED MUSTAQUE JUDGE

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bka/-

Baby N.V v. Sri.Ajith Bhagavath Rao Patll

Case brief

What is this about?

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Baby N.V v. Sri.Ajith Bhagavath Rao Patll

Case brief

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What did the court decide?

What the court decided

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