In this contempt case, the High Court of Kerala directed the respondents to release security after it was submitted that the bill amount, except security, had been received.
Direction to the respondents to release the security.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 14TH DAY OF JULY 2017/23RD ASHADHA, 1939
Con.Case(C).No. 1504 of 2016 (S)
AGAINST THE JUDGMENT IN W.P(C).NO. 14200/2014, DATED 02-09-2014
PETITIONER(S)/PETITIONER :
SUNIL SIVADASAN,
AGED 45 YEARS, S/O.K.SIVADASAN (LATE), MANAGING DIRECTOR, M/S.SOUTHERN DREDGING COMPANY PVT.LTD., FLAT NO.905, PIONEER TOWERS, MARINE DRIVE, COCHIN-682 031.
BY SRI.K.JAJU BABU (SENIOR ADVOCATE) ADV. SMT.M.U.VIJAYALAKSHMI
RESPONDENT(S)/RESPONDENTS :
1. SRI. SURESH KUMAR.S, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER DIRECTOR, INLAND NAVIGATION DIRECTORATE (KOLLAM) ASHRAMAM P.O., KOLLAM-692 002.
2. SRI.SUNIL SADASIVAN
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, INLAND NAVIGATION DIVISION (KOLLAM) ASHRAMAM P.O., KOLLAM-692 002.
BY SR. GOVERNMENT PLEADER SRI. S.GOPINATHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
Con.Case(C).No. 1504 of 2016 (S)
--------------------------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A: TRUE COPY OF THE COUNTER AFFIDAVIT DATED 15.07.2014 IN W.P(C).NO. 14200/2014 FILED BY THE 2ND RESPONDENT BEFORE THIS HON'BLE COURT.
ANNEXURE B: TRUE COPY OF THE JUDGMENT DATED 02.09.2014 IN W.P(C).NO. 14200/2014 OF THIS HON'BLE COURT.
ANNEXURE C: TRUE COPY OF THE COMMUNICATION NO. A5 1586/08 DATED 18.09.2015 OF BY THE 2ND RESPONDENT BEFORE THE CHIEF ENGINEER AND ADMINISTRATION.
ANNEXURE D: TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 25.11.2015 AND REPLY DATED 19.12.2015.
ANNEXURE E: TRUE COPY OF THE LETTER DATED 27.05.2014 SUBMITTED BY ONE OF THE DIRECTORS OF THE PETITIONER COMPANY AND REPLY OBTAINED ON 06.06.2014 UNDER RIGHT TO INFORMATION ACT.
RESPONDENT(S)' ANNEXURES :
ANNEXURE R2(A): TRUE COPY OF THE LETTER OF CREDIT VIDE G.O.(P)NO. 8097/15/FIN. DATED 11.09.2015.
ANNEXURE R2(B): TRUE COPY OF THE LETTER NO. A5-1586/08 DATED 14.10.2015.
ANNEXURE R2(C): TRUE COPY OF THE LETTER FROM THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM DATED 27.07.2015.
ANNEXURE R2(D): TRUE COPY OF THE W.P(C).NO. 9834/2016 DATED 12.03.2015 ANNEXURE R2(E): TRUE COPY OF THE AGREEMENT SCHEDULE OF THE WORK DATED 15.10.2012.
ANNEXURE R2(F): TRUE COPY OF THE INTERIM ORDER DATED 22.03.2016 IN W.P(C).NO. 9834/2016.
ANNEXURE R2(G): TRUE COPY OF THE ORDER NO. A5-574/16 DATED 30.03.2016.
//TRUE COPY//
P.A.TO JUDGE
Msd.
A.MUHAMED MUSTAQUE, J.
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Contempt Case (C) No.1504 of 2016
Dated this the 14th day of July, 2017
JUDGMENT
It is submitted by the learned counsel for the petitioner that
the bill amount has been received except security. Accordingly,
this Contempt Case is closed directing the respondents to release
the security.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the respondents were in contempt of court for not releasing security after bill amount was received.
SunilSivadasan
Sri.SureshKumarS
Sri.SunilSadasivan
A.MuhamedMustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
