Court allowed petitioner to close the contempt case as a substantial portion of the directed amount was disbursed, without prejudice to initiating fresh proceedings if warranted later.
Contempt case closed; right to initiate fresh proceedings if warranted later.
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 P.B.SURESH KUMAR
TUESDAY ,THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940
Con.Case(C).No. 1317 of 2018 IN WP(C). 5534/2017
AGAINST THE JUDGMENT IN WPC 5534/2017 of HIGH COURT OF KERALA DATED 17-07-2017
PETITIONER:
PRATHIBA DEVELOPERS (P) LTD, KARUKUNNATHU BUILDING, KASIM LANE, KALOOR, COCHIN-682 017,REPRESENTED BY ITS DIRECTOR, MR. GEORGE BEJOY, AGED 50 YEARS, S/O.E.V.JACOB.
BY ADVS. SRI.ARUN THOMAS SMT.KARTHIKA SMT.MARIA ROY SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL
RESPONDENTS:
1 MR.S PUKAZHENTHI AGE AND SON OF NOT KNOWN TO THE PETITIONER, DIRECTOR, SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
2 MR.CYRIAC DAVEES AGE AND SON OF NOT KNOWN TO THE PETITIONER, MANAGING DIRECTOR, KITCO LTD., REGD. OFFICE FEMITH'S,P.B.NO.4407, PUTHIYA ROAD, NH BYPASS, VENNALA, KOCHI-682 028.
BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.NITHIN GEORGE SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH
OTHER PRESENT:
Con.Case(C).No. 1317
2
SRI.P.M.SATHEESH GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 16.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
It is submitted by the learned counsel for the petitioner that a
substantial portion of the amount directed to be paid in terms of the judgment has already been disbursed.
In so far as a substantial portion of the amount has already been disbursed, the contempt case is closed without prejudice to the right of the petitioner to initiate a fresh proceedings under the Contempt of Courts Act if warranted at a later point of time.
Sd/-
P.B.SURESH KUMAR
JUDGE
SKS
Con.Case(C).No. 1317
3
APPENDIX
PETITIONER'S EXHIBITS :
ANNEXURE-1 CERTIFIED COPY OF THE INTERIM ORDER DATED 17.7.2017 IN I.A. 10708/2017 IN WPC NO. 5534 OF 2017.
RESPONDENT'S EXHIBITS : NIL
1 issue framed by the court
Whether the contempt proceedings should be closed in view of partial compliance with the interim order.
Prathiba Developers (P) Ltd
M.S. Pukazhenthi
Mr. Cyriac Davees
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
