In a contempt of court proceeding arising from an interim order regarding subsistence allowance, the court permitted the petitioner to argue the quantum of payment in the pending writ petition before closing the contempt case.
Contempt case closed with liberty to the petitioner to urge the quantum of subsistence allowance in the pending writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
Con.Case(C).No.385 OF 2020 IN WP(C). 400/2018
ARISING FROM THE ORDER DATED 18.12.2019 IN IA.NO.3 OF 2019 IN WP(C) 400/2018(Y) OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
M.ABDUL SALIM, AGED 59 YEARS, S/O.MUHAMMEDKUNJU, SAMEER MANZIL,P.V.NORTH, THAZHAVA.P.O, KARUNAGAPPALLY, KOLLAM DISTRICT-690 523.
BY ADV. SRI.S.SUJIN
RESPONDENT/1ST RESPONDENT:
SMT.S.SYAMALA, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) MANAGING DIRECTOR, KERALA STATE DRUGS AND PHARMACEUTICAL LTD., KALAVOOR.P.O, ALAPPUZHA -688 522.
BY ADV. SRI.P.C.SASIDHARAN, SC, KERALA STATE DRUGS AND PHARMACEUTICALS LIMITED
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.385 OF 2020
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JUDGMENT
Dated this the 23rd day of November 2020
It is submitted by the learned counsel for the petitioner
that the entire subsistence allowance has not been paid and
only a portion has been paid. This contempt case is arising from the interim order dated 18.12.2019 in W.P.(C)No.400 of 2018.
view that the petitioner can urge in regard to the quantum of
the subsistence allowance payable to him in the pending writ petition.
With liberty as above, the contempt case is closed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
akv
Con.Case(C).No.385 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE ORDER DATED 2.1.2018 ISSUED BY THE RESPONDENT
ANNEXURE B TRUE COPY OF THE AFFIDAVIT DATED 4.1.2020 FILED BY THE RESPONDENT IN I.A. NO.3/2019 IN W.P.(C)NO.400/2018
ANNEXURE C TRUE COPY OF THE LETTER OF CERTIFICATION ISSUED BY IDBI BANK TO THE PETITIONER ON THE BASIS OF SALARY ACCOUNT MAINTAINED BY THE KERALA STATE DRUGS AND PHARMACEUTICAL LTD., DATED 20.01.2020
RESPONDENT'S/S EXHIBITS :
ANNEXURE R1(a) TRUE COPY OF THE REPLY TO THE LAWYER NOTICE DATED 28.09.2019.
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether the petitioner is in contempt for failing to pay the entire subsistence allowance.
M.ABDUL SALIM
SMT.S.SYAMALA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
