This contempt case dealt with alleged non-compliance of a writ judgment ordering a petitioner to approach a bank to remit dues in exchange for the release of security documents and gold ornaments retained. The court directed the petitioner to remit the claimed sum to the bank CEO to trigger the release of documents.
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.
CON.CASE(C) NO. 1305 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CON.CASE(C) NO. 1305 OF 2021
JUDGMENT DATED 09/04/2021 IN WP(C) 24870/2020 OF HIGH COURT OF
KERALA, ERNAKULAM
PETITIONER/PETITIONER IN W.P.(C):
NALINI.P PURAPADIYATH HOUSE, NO.4, LOVE SHORE APARTMENTS SAW MILL ROAD, KOOKANCHERY, THRISSUR-680007 (NOW RESIDING AT GOURISHANKARAM, PURAPADIYATH HOUSE, ROSA BAZAR, VIYOOR, THRISSUR-680010)
BY ADVS. C.ANIL KUMAR A.K.PREETHA
RESPONDENT/3RD RESPONDENT IN W.P.(C):
1 JEROME P.THOMAS AGED 57 YEARS (FATHER'S NAME NOT KNOWN TO THE PETITIONER) GENERAL MANAGER, TRICHUR URBAN CO-OPERATIVE BANK LIMITED, HEAD OFFICE, MISSION QUARTERS, THRISSUR-680001.
2 ADDL.R2. BENOY VARGHESE CHIEF EXECUTIVE OFFICER, AGED 63 YEARS, TRICHR URBAN CO OPERATIVE BANK LIMITED, HEAD OFFICE, MISSION QUARTERS THRISSUR, PIN – 680001
ADDL.R2. IMPLEAED AS PER ORDER DATED 31.08.2021 IN I.A.NO.1/2021 IN COC.1305/21
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 1305 OF 2021
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JUDGMENT
By judgment dated 09.04.2021, this Court had disposed of the writ petition directing the petitioner to approach the Thrissur Urban Cooperative Bank Ltd. within a period of ten days from 09.04.2021 and the respondent was directed to calculate the amount due as on date and to furnish a statement. If the petitioner remits the amount calculated as above, the bank was ordered to forthwith release the entire documents retained as security from the petitioner and also the gold ornaments relating to the loan accounts vide Nos.GL7100025251, GL-7100025252, GL-7100025253, GL-7100024745, GL7100025295 and GL-7110004233.
appearing for the respondent, the CEO of the Bank was impleaded as additional 2nd respondent.
CON.CASE(C) NO. 1305 OF 2021
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submitted that on receipt of the certified copy of the judgment, she had approached the respondents and had filed Annexure-1 representation.
CON.CASE(C) NO. 1305 OF 2021
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return of gold ornaments will stand reserved.
With the above said directions, this Contempt Case (Civil) is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
CON.CASE(C) NO. 1305 OF 2021 5
APPENDIX OF CON.CASE(C) 1305/2021
PETITIONER'S ANNEXURE:
Annexure 1 TRUE COPY OF THE LETTER DATED 22.04.2021 SEND BY THE PETITIONER TO THE RESPONDENT THROUGH E-MAIL.
3 issues framed by the court
Whether the petitioner complied with the directions of the writ petition discharged in the previous judgment.
Whether the petitioner fulfilled the condition of remitting the claimed amount to release security documents.
Whether the court should find the petitioner in contempt for failing to approach the bank to offer payment.
Nalini.P Purapadiyath
Jerome P.Thomas
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
