High Court closed a contempt of court case as the respondent satisfied the court that his delay in complying with an interim order was due to pending appeals before this Court and the Supreme Court.
The contempt case was closed on the explanation related to delay, finding that the delay was due to pending appeals.
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.
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Con.Case 1160 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 07TH DAY OF SEPTEMBER 2020 / 16TH BHADRA, 1942
Con.Case(C).No.1160 OF 2020 IN WP(C). 15504/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 15504/2020(K) OF HIGH COURT OF KERALA DATED 3.8.2020
PETITIONER/S:
PATRIARCH ELIAS CHARITABLE SOCIETY
REPRESENTED BY ITS SECRETARY, KURUVILA GEORGE, AGED 61, S/O. GEORGE CHERIYAN, CHEVILIER THARAKAN BUILDING, HOSPITAL JUNCTION, KUNDARA-691 501.
BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.JOHNSON GOMEZ SHRI.ANANDA PADMANABHAN SHRI.MAHESH CHANDRAN SMT.UTHARA A.S
RESPONDENT/S:
DR.C.R.PRASAD
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAUPRAM, KERALA-695 034.
R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
OTHER PRESENT:
GP --P M SATHEESH .
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 07.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Con.Case 1160 of 2020
C.S.DIAS, J.
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Cont.Case (C) 1160 of 2020
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Dated this the 7th day of September, 2020.
JUDGMENT
In view of the detailed affidavit filed by the respondent, inter alia, stating that he has complied with Annexure -A1 interim order dated 3.8.2020, and the explanation offered for the delay in complying with the order occurred was only due to the reason that the respondent had preferred W.A No.1061/2020 before this Court and SLP(C) 9657/2020 before the Hon'ble Supreme Court, I accept the above explanation offered. Hence, I close this contempt case.
Sd/
C.S.DIAS
SKS/7.9.2020
JUDGE
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Con.Case 1160 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE ORDER DATED 3.8.2020 IN WPC NO.15504/2020. ANNEXURE A2 A TRUE COPY OF THE EMAIL SENT BY THE PETITIONER TO THE RESPONDENT DATED 3.8.2020.
1 issue framed by the court
Whether to close the contempt case on the explanation offered by the respondent regarding delay in compliance.
PATRIARCH ELIAS CHARITABLE SOCIETY
DR.C.R.PRASAD
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
