Dismissed

Mohandas v. Bhavadasan

Kerala HC23 Feb 2018Con.Case(C)/296/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a contempt petition alleging wilful disobedience of a court direction to pay amounts under a compromise decree. The Court held that remedy for non-payment lies in the execution court and mere non-honour of a decree does not automatically attract the Contempt of Courts Act.

What did the court decide?

The contempt petition against the respondent for non-payment of decree amounts is dismissed.

Mohandas Vs Bhavadasan — Execution and Attachment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939

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Con.Case(C).No. 296 of 2018 IN RFA. 566/2015 AGAINST THE JUDGMENT IN RFA 566/2015 of HIGH COURT OF KERALA DATED 31-08-2016

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PETITIONER/RESPONDENT/PLAINTFF

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MOHANDAS AGED 55, S/O.NARAYANAN NAIR, VALATHIL VEEDU, P.O.MULAYAMKAVU, KULUKKALLUR VILLAGE, OTTAPPALAM TALUK, PALAKKAD DISTRICT -679 101.

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BY ADV.SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT/APPELLANT/DEFENDANT:

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BHAVADASAN AGED 57, S/O.THATTAN KUTTAPAN, PALLIYIL VEEDU, AYYANTHOLE VILLAGE DESOM, THRISSUR -3.

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BY SRI.SANTHOSH P.PODUVAL

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, C.J. &

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DAMA SESHADRI NAIDU, J.

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Contempt Case (C) No.296 of 2018

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Dated this the 23^rd day of February, 2018

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JUDGMENT

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Antony Dominic, C.J.

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This petition seeking initiation of proceedings under the Contempt of Courts Act, 1971, against the respondent has been filed alleging that by not paying the amounts due under a compromise decree, the respondent has committed wilful disobedience of the directions of this Court and thus, rendered himself liable to be punished under the Act.

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In support of this plea, the learned counsel for the petitioner relied on the judgments of the Apex Court in Bank of Baroda v. Sadruddin Hasan Daya (AIR 2004

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SC 942) and Rama Narang v. Ramesh Narang (AIR 2006 SC 1883) .

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We heard the learned counsel appearing for the

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Contempt Case (C) No.296 of 2018 -2-

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petitioner and the learned counsel appearing for the respondent.

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R.F.A. No.566 of 2015 was disposed of by this Court recording the settlement arrived at between the parties in the course of mediation. The settlement thus arrived at, is a decree as understood in the Civil Procedure Code and if payment as agreed between the parties is not made, according to us, the remedy lies before the execution court.

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Insofar as the judgments that are relied on by the learned counsel for the petitioner is concerned, we agree with the learned counsel that an undertaking given to court, if disobeyed, itself gives rise to a cause of action for a proceedings under the Contempt of Courts Act. Similarly, in certain circumstances, violation of a consent decree also can give rise to a similar proceedings. However, the mere fact that the decree is not honoured by a judgment debtor does not automatically attract the provisions of the Contempt of

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-3-

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Contempt Case (C) No.296 of 2018

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Courts Act. We, therefore, are not persuaded to entertain

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this petition.

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The contempt petition is accordingly dismissed.

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Sd/-

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ANTONY DOMINIC CHIEF JUSTICE

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Sd/-

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DAMA SESHADRI NAIDU JUDGE

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kns/-

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//TRUE COPY//

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P.S. TO JUDGE

Mohandas v. Bhavadasan

Case brief

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Mohandas v. Bhavadasan

Case brief

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