Petitioner filed a contempt petition claiming non-implementation of a prior judgment. The court directed mediation in an earlier hearing. Upon production of a settlement report, the court closed the contempt case.
Instant contempt case closed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941
Con.Case(C).No.879 OF 2018(S) IN WP(C). 28953/2017
AGAINST THE JUDGMENT IN WPC 28953/2017 DATED 13-11-2017 OF HIGH COURT OF KERALA
PETITIONER:
ADVOCATE RAJU SEBASTIAN @ RAJU VADAKKEKARA S/O.V.A.SEBASTIAN, AGED 50 YEARS, FORMER STANDING COUNSEL,PLANTATION CORPORATION OF KERALA LTD.,RESIDING AT VADAKKEKKARA HOUSE,L.B.S CROSS ROAD, PONEKKARA, EDAPPALLY,KOCHI-682 041.
BY ADV. SRI.BABY MATHEW
RESPONDENT/2ND RESPONDENT IN W.P.(c)NO.28953/2017
1 R. SIVADASAN NAIR
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)MANAGING DIRECTOR, PLANTATION CORPORATION OF KERALA LTD., REGISTERED OFFICE AT KOTTAYAM, KOTTAYAM-686004.
ADDL. MR. S. K. SURESH R2 (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) MANAGING DIRECTOR, PLANTATION CORPORATION OF KERALA LTD., KOTTAYAM, PIN 686004 --- IS IMPLEADED AS PER ORDER DATED 12-04-2019 IN IA 01/2019
R1 BY SRI.RAJESH N., SC, PLANTATION CORPORATION OF KERALA LTD.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.879 OF 2018
2
JUDGMENT
S.MANIKUMAR,CJ
Contending inter alia that the judgment dated 13.11.2017 in W.P.(C) No.28953/2017 has not been implemented in its letter and spirit, instant contempt petition is filed.
2. When the matter came up before this Court on 24th October, 2019, we directed the Registry to place the matter before the Kerala Mediation and Conciliation Centre (High Court), for mediation. On this day, when the matter is taken up for further hearing, learned counsel appearing for contesting parties submitted that mediation was successful and that the matter has been settled. The report dated 6th January, 2020 and memorandum of agreement under section 89 of the Code of Civil Procedure r/w. Rules 24 & 25 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008, submitted by learned Advocate Sally Thomas Chacko, Mediator, Ernakulam Mediation before this Court is reproduced hereunder:
Con.Case(C).No.879 OF 2018 3
Con.Case(C).No.879 OF 2018 4
Con.Case(C).No.879 OF 2018 5
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In the light of the settlement arrived at, in the mediation, we are not inclined to proceed further with the matter and accordingly the instant contempt case is closed.
SD/-
S.MANIKUMAR
CHIEF JUSTICE
SD/-
SHAJI P.CHALY
JUDGE
smv
Con.Case(C).No.879 OF 2018
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF JUDGMENT DATED 13.11.2017 IN WPC NO 28953/2017 ON THE FILE OF THIS HON'BLE COURT ANNEXURE A2 TRUE COPY OF THE ACKNOWLEDGMENT CARD
1 provisions across 1 enactments
Advocate Raju Sebastian
R. Sivadasan Nair
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
