Dismissed

Sreelal T.N., v. v.P.Subramanian

Kerala HC16 Mar 2022Con.Case(C)/413/2022

Case brief

AI extract

What is this about?

This is a contempt of court case filed alleging violation of directions in a pending writ petition. The respondent submitted an affidavit detailing partial remittances and invoking Section 128 of the Contract Act against the debtor. The High Court accepted the explanation, recorded the affidavit, and closed the contempt proceedings.

What did the court decide?

The contempt case is closed after recording the respondent's affidavit explaining partial compliance.

Sreelal T.N., Vs v.P.Subramanian — Constitutional and Fundamental Rights | Kerala HC (2022)

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CON.CASE(C) NO. 413 OF 2022

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 16^TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943 CON.CASE(C) NO. 413 OF 2022

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AGAINST THE ORDER/JUDGMENT IN WP(C) 15332/2020 OF HIGH COURT

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OF KERALA

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PETITIONER/S:

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SREELAL T.N., AGED 42 YEARS S/O. THAMPAN, NEDUMTHARAYIL HOUSE, MUTTOM P.O., HARIPAD, ALAPPUZHA DISTRICT-690511.

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BY ADVS. S.SHANAVAS KHAN S.INDU

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RESPONDENT/S:

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1 V.P.SUBRAMANIAN, THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, MUSEUM ROAD, THRISSUR-680020.

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2 SAJEEV, THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, MUTTOM, BRANCH NO. 524, HARIPAD, ALAPPUZHA-690511.

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BY ADV K.A.SALIL NARAYANAN, SC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CON.CASE(C) NO. 413 OF 2022

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P.V.KUNHIKRISHNAN, J

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Cont. Case (C.) No. 413 of 2022 in

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W.P.(C.) No. 15332 of 2020

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Dated this the 16^th day of March, 2022

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JUDGMENT

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The above contempt case is filed alleging violation of the directions in W.P.(C.) No. 15332 of 2020. The respondents filed an affidavit before this Court and the relevant portion of

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the affidavit is extracted hereunder :

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“Pursuant to the judgment of this Hon'ble Court, the respondents herein issued a communication to the principal debtor who is the 4th respondent in the writ petition. On 17/9/21, he was informed of the judgment and called upon to make remittances to clear the liability. True copy of the above communication is produced herewith and the same may be marked as Annexure R2-A.

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The 4th respondent in turn conveyed that he will make monthly remittances of rs 7000/-.each. True copy of the said letter is produced herewith and the same may be marked as Annexure R2-B. Thereafter the 2nd respondent again issued a communication on 31/1/22. True copy of the above communication is produced herewith and the same may be marked as Annexure R2C :

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By letter dt 25/2/22 the Panchayath has been called upon to debit an amount of RS 7,500/- from the honorarium of the Panchayath president and remit the

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CON.CASE(C) NO. 413 OF 2022 3

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same to the KSFE. True copy of the above communication is produced herewith and the same may be marked as Annexure R2-D.

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As of now the principal debtor has remitted an amount of Rs 14,000/- and the petitioner only an amount of Rs 5000/-.

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The amount was released to the 4th respondent only on the surety | guarantee of the petitioner. He being bound by Sec. 128 of the Contract Act cannot wriggle out of his liability and contend otherwise. Even otherwise there is no disobedience or violation of the judgment in W.P.(C). 15332/2020.”

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In the light of the above, there is no contempt in this case. Recording the above affidavit, this contempt case is

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closed.

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SD/-

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P.V.KUNHIKRISHNAN JUDGE

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SKS

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CON.CASE(C) NO. 413 OF 2022

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APPENDIX OF CON.CASE(C) 413/2022

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PETITIONER ANNEXURES

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Annexure A	CERTIFIED	COPY OF THE JUDGMENT DATED
	01/09/2021 HON'BLE CO	IN WPC NO.15332/2020 OF THIS URT.
Annexure B	TRUE COPY 23/10/2021	OF THE COMMUNICATION DATED FROM THE 2ND RESPONDENT.
Annexure C	TRUE COPY	OF THE COMMUNICATION DATED
	21/01/2022	FROM THE 2ND RESPONDENT.

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RESPONDENT'S ANNEXURES

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Annexure R2A	TRUE COPY PRINCIPAL	OF THE DEBTOR	ASSURANCE FROM THE
ANNEXURE R2B	TRUE COPY PRINCIPAL	OF THE DEBTOR	ASSURANCE FROM THE
ANNEXURE R2C	TRUE COPY RESPONDENT	OF THE TO THE	LETTER FROM THE 2ND BORROWER
ANNEXURE R2D	TRUE COPY THE PANCHA	OF THE YATH	COMMUNICATION ISSUED TO

Sreelal T.N., v. v.P.Subramanian

Case brief

What is this about?

What did the court decide?

Sreelal T.N., v. v.P.Subramanian

Case brief

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