George Joseph K vs Lissy

Citation : 2024 Latest Caselaw 11011 Ker
Judgement Date : 12 April, 2024

Kerala High Court

George Joseph K vs Lissy on 12 April, 2024

Author: Amit Rawal

Bench: Amit Rawal

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                        CON.CASE(C) NO. 319 OF 2022


AGAINST THE JUDGMENT IN WP(C) NO.11442 OF 2017 OF HIGH COURT OF
KERALA
PETITIONER/PETITIONER:

             GEORGE JOSEPH K.,
             AGED 65 YEARS
             S/O. JOSEPH, KALAPPURAYIL HOUSE, MUTTACHIRA P.O.,
             KOTTAYAM DISTRICT, KERALA-686613.

             BY ADV I.VINAYAKUMARI



RESPONDENTS/4TH RESPONDENT & ADDL. 6TH RESPONDENT:

    1        LISSY,
             SECRETARY, KAPPUMTHALA SERVICE CO-OPERATIVE BANK
             LIMITED NO. K142, KAPPUMTHALA P.O., MUTTUCHIRA,
             KOTTAYAM-686613.

    2        K.J. JOSE KANIVELIL,
             PRESIDENT, MANAGING COMMITTEE OF THE KAPPUMTHALA
             SERVICE CO-OPERATIVE BANK LIMITED NO. K142, KAPPUMTHALA
             P.O., MUTTUCHIRA, KOTTAYAM-686613.


     THIS    CONTEMPT   OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
HEARING ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 319 OF 2022
                                     2

                            JUDGMENT

The contempt petition has been filed alleging non compliance of the judgment. The matter is stated to be pending in a Writ Appeal bearing No.970 of 2021.

The petitioner would have a right to seek redressal of the grievance, if any, after the outcome of the writ appeal. In this view of the matter, contempt petition is ordered to be closed with the liberty aforementioned.

Sd/-

sab                                        AMIT RAWAL
                                               JUDGE
 CON.CASE(C) NO. 319 OF 2022
                                    3

APPENDIX OF CON.CASE(C) 319/2022 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 11442/2017 DATED 17/12/2020.

Annexure A2 A TRUE COPY OF THE CORRECTION PETITION PREFERRED BY THE PETITIONER BEFORE THIS HON'BLE COURT.

Annexure A3 A TRUE COPY OF THE JUDGMENT OF WA NO.326/2021 PREFERRED BY THE RESPONDENT BANK AGAINST THE ORDER DATED 17/12/2020 IN WPC NO.11442/2017 OF THIS HON'BLE COURT.

Annexure A4 A CERTIFIED COPY OF THE JUDGMENT DATED 24/02/2021 OF THIS HON'BLE COURT IN WPC NO. 11442/2017.

Annexure A5 A TRUE COPY OF THE REQUEST LETTER DATED 21/06/2021 MADE BY THE PETITIONER BEFORE THE MANAGING COMMITTEE OF THE RESPONDENT BANK TOGETHER WITH THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 11442/2017 DATED 24/02/2021 AND TRANSLATION.

Annexure A6 A TRUE COPY OF THE INTERIM ORDER PASSED BY THE DB OF THIS HON'BLE COURT IN WA NO. 970/2021 PREFERRED BY THE RESPONDENT BANK AGAINST THE JUDGMENT DATED 24/02/2021 OF THIS HON'BLE COURT, IN WPC NO. 11442/2017.

Annexure A7 A TRUE COPY OF THE CIRCULAR NO.6/88 DATED 08/02/1988 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES WHICH WAS ALREADY SET A SIDE BY THIS HON'BLE COURT IN THE FULL BENCH DECISION, REPORTED IN 2017 (4) KLT 276.