Dismissed

N.C.Varghese v. C.F.Robert, Managing Director, the State Farming Corporation Kerala Ltd.

Kerala HC20 Feb 2018Con.Case(C)/376/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a Contempt Petition filed against the State Farming Corporation. The court held that the earlier judgment merely permitted withdrawal of a writ appeal without restraining the respondent from taking action. Therefore, no order was violated.

What did the court decide?

Contempt proceedings failed and were dismissed.

N.C.Varghese Vs C.F.Robert, Managing Director, the State… — Contempt of Court | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC &

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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TUESDAY, THE 20TH DAY OF FEBRUARY 2018/1ST PHALGUNA, 1939

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Con.Case(C).No. 376 of 2018 IN WA. 245/2018

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AGAINST THE JUDGMENT IN WA 245/2018 of HIGH COURT OF KERALA DATED 29-01-2018

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PETITIONER:

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N.C.VARGHESE AGED 69 YEARS, S/O. N.K. CHACKO, NETTIKKADAN HOUSE, MELOOR P.O.-680311, THRISSUR DISTRICT.

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BY ADV.SRI.T.O.XAVIER

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RESPONDENT:

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C.F.ROBERT S/O. NOT KNOWN, AGED 56 YEARS, MANAGING DIRECTOR, THE STATE FARMING CORPORATION KERALA LTD. FARM HOUSE, VETTITHITTA P.O.-689696.

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R BY SRI.DENIZEN KOMATH, SC, STATE FARMING CORPORATION OF KERALA LIMITED

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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COC NO.376/2018

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANN.A. CERTIFIED COPY OF THE JUDGMENT IN W.A.NO.245/2018 OF HIGH COURT OF KERALA AT ERNKULAM DTD.29.1.2018.

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ANN.B TRUE COPY OF THE LETTER REF.NO.SFCK/SALES/RUBBER TREES/2017-18/4000 DATED 6.2.2018.

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ANN.C. A TRUE COPY OF THE RELEVANT PORTION PUBLICATION ABOUT RE-TENDER IN MALAYALAMANORAMA DAILY DTD.15.2.2018.

TRUE COPY

P.S.TO JUDGE

CSS/

Antony Dominic, C.J. & Dama Seshadri Naidu, J.

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COC No.376 of 2018

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Dated this the 20^th day of February, 2018

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JUDGMENT

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Antony Dominic, C.J.

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This Contempt Petition is filed alleging disobedience of the directions in the judgment in W.A.No.245 of 2018. According to the petitioner, when his application is pending before the Advance Ruling Authority, steps have been taken by the respondent for cancelling his tender. It is this act of the respondent which is alleged to be a case of violation of the Court order justifying this contempt proceedings. However, the judgment in the writ appeal shows that all that this Court has done was to permit withdrawal of the writ appeal without prejudice to the right of the petitioner to approach the Advance Ruling Authority. No order has been passed by this Court restraining the respondent from exercising his power to take any action against the petitioner. In such circumstances, even if it is assumed that the application filed is pending consideration of the

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COC No.376 of 2018 2

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Advance Ruling Authority, any action taken against the petitioner cannot be construed as a case of violation of the directions in the judgment to initiate proceedings under the Contempt of Courts Act.

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The Contempt of Court Case fails and is dismissed.

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Sd/- Antony Dominic Chief Justice

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sd/- Dama Seshadri Naidu Judge

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css/ true copy

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P.S.TO JUDGE

N.C.Varghese v. C.F.Robert, Managing Director, the State Farming Corporation Kerala Ltd.

Case brief

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N.C.Varghese v. C.F.Robert, Managing Director, the State Farming Corporation Kerala Ltd.

Case brief

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