Disposed

M/S.Eternity Pools and Gardens Pvt. Ltd. v. Dr. E.K.Satheesh

Kerala HC7 Nov 2022Con.Case(C)/1350/2021

Case brief

AI extract

What is this about?

In a contempt case, the petitioner alleged non-payment of an admitted amount. The court found that the respondents asserted full payment had been made, finding no evidence of deliberate violation. The contempt case was closed with liberty to file fresh suit for any balance due.

What did the court decide?

The contempt of court case is closed. Liberty granted to the petitioner to initiate fresh legal action for any balance amount if due.

M/S.Eternity Pools and Gardens Pvt. Ltd. Vs… — Contract and Commercial Disputes | Kerala HC (2022)

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C.O.C.No.1350 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 7^TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944 CON.CASE(C) NO. 1350 OF 2021

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KERALA

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PETITIONER/PETITIONER IN WP(C):

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M/S.ETERNITY POOLS AND GARDENS PVT LTD. TC 2/573-4, RNRA 138, RAJIV GANDHI NAGAR, MEDICAL COLLEGE, THIRUVANANTHAPURAM 695 011, REPRESENTED BY ITS MANAGING DIRECTOR SAJITH K. UNNI.

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BY ADVS. PRANOY K.KOTTARAM CHELSON CHEMBARATHY

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RESPONDENTS/RESPONDENTS IN WP(C):

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1 DR. E.K.SATHEESH, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY (P.O.), MALAPPURAM 673 635.

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2 DR. SAKEER HUSSAIN V.P., AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, DIRECTOR, DEPARTMENT OF PHYSICAL EDUCATION, CALICUT UNIVERSITY, MALAPPURAM 673 635.

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BY ADV P.C SASIDHARAN

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.O.(C) No.1350/2021

V.G.ARUN J.

C.O.C. No.1350 of 2021

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Dated this the 7^th day of November 2022

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JUDGMENT

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The Contempt Case is filed alleging non-compliance of the direction in Annexure A Judgment. A perusal of the judgment shows that the direction was to ensure that the admitted amount is paid to the petitioner within three months.

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According to the learned Counsel for the petitioner, only part payment had been effected during pendency of the writ petition and balance portion of the admitted amount is payable as per the direction.

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3, Learned Counsel for the respondents asserted that the admitted

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amount was paid in full prior to the judgment and there is nothing in balance to be paid towards the admitted amount.

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In view of the afore submission, I find no reason to proceed with the contempt of court case, as I am unable to find any deliberate violation of the direction in Annexure A judgment.

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The Contempt of Court Case is hence closed, reserving the

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C.O.(C) No.1350/2021

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petitioner's liberty to initiate fresh legal action, for the balance amount, if

any due.

Sd/-

V.G.ARUN JUDGE

dpk

M/S.Eternity Pools and Gardens Pvt. Ltd. v. Dr. E.K.Satheesh

Case brief

What is this about?

What did the court decide?

M/S.Eternity Pools and Gardens Pvt. Ltd. v. Dr. E.K.Satheesh

Case brief

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What did the court decide?

What the court decided

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