Kerala High Court
M.Babu vs Kishore Rungta on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CON.CASE(C) NO. 503 OF 2021
AGAINST THE JUDGMENT IN WP(C) 15716/2020 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WPC:
M.BABU
AGED 59 YEARS
S/O.GOVINDAN, ASSISTANT GENERAL MANAGER (RETIRED), THE FERTILIZERS
AND CHEMICALS TRAVANCORE LTD., UDYOGAMANGAL, RESIDING AT MANKUTHEL
HOUSE, PERUVARAM EAST, NORTH PARAVUR, ERNAKULAM-683513.
BY ADVS.
C.S.AJITH PRAKASH
SHRI.T.K.DEVARAJAN
SRI.FRANKLIN ARACKAL
SRI.PAUL C THOMAS
SHRI.NIDHIN RAJ VETTIKKADAN
SRI.HAARIS MOOSA
SMT.DEVYANI
SMT.NIKHITA ANN REBELLO
SHRI.ADESH JOSHI
RESPONDENTS/3RD RESPONDENT IN WPC:
KISHORE RUNGTA
AGE NOT KNOWN TO THE PETITIONER, FATHERS NAME NOT KNOWN TO THE
PETITIONER, CHAIRMAN AND MANAGING DIRECTOR, THE FERTILIZERS AND
CHEMICALS TRAVANCORE LTD., UDYOGAMANDAL (A GOVERNMENT OF INDIA
ENTERPRISES) UDYOGAMANDAL P.O., KOCHI-683501.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
KURYAN THOMAS
K.JOHN MATHAI
JOSON MANAVALAN
PAULOSE C. ABRAHAM
RAJA KANNAN
OTHER PRESENT:
SRI. E.K NANDAKUMAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 503 OF 2021
2
JUDGMENT
The petitioner has approached this Court through this
Contempt of Court Case alleging that the directions in
Annexure A1 judgment of this Court dated 14.01.2021 in W.P.
(C)No.15716/2021 have been egregiously violated by the
respondent.
2. The petitioner says that in Annexure A1 judgment,
this Court had directed the Fertilizers and Chemicals
Travancore Ltd, (FACT) to refund the amounts retained by
them, along with interest that may have accrued in the
account in which it was deposited; with a further direction
that if it is not paid within a period of one month from the
date on which he was given liberty to approach them with a
request for the said purpose, it will carry interest @ 9% from
10.12.2020, until it is actually paid.
3. The petitioner vehemently submits that even though
he had approached the respondent through Annexure A3
request on 15.01.2021, based on the liberties reserved to him
CON.CASE(C) NO. 503 OF 2021
in the judgment, payment was made only on 17.02.2021 and
that too without the accrued interest. The petitioner,
therefore, argues that the action of the respondent is
completely in violation of the directions in the judgment.
4. I have heard Sri.Ajith Prakash, learned counsel for
the petitioner and Sri.E.K.Nandakumar, learned Senior
counsel, instructed by Sri.Gopikrishnan Nambiar, learned
counsel for the respondent .
5. The learned Senior Counsel, Sri.E.K.Nandakumar
submitted that the allegations of the petitioner, as impelled
before this Court, are untenable because an affidavit has been
filed by his client, wherein, it has been clearly averred that
request of the petitioner was received by his client only on
29.01.2021 through Annexure A4 and that the amount
withheld had not been deposited in a Bank account which
carried interest. The learned Senior Counsel, therefore,
prayed that this Contempt Case be closed.
6. That said, I notice from the pleadings on record and
the submissions of Sri.Ajith Prakash, that the petitioner
CON.CASE(C) NO. 503 OF 2021
asserts that he had approached the respondent on 15.01.2021
through Annexure A3 and therefore, that payment ought to
have been made within a period of one month thereafter,
namely on or before 15.02.2021. His allegation is that,
however, the payment was made only on 17.02.2021 and
therefore, that the action of the respondent is an affront to the
directions of this Court.
7. Therefore, what becomes crucial in this case is
whether petitioner is able to establish that he had approached
the respondent with Annexure A3 on 15.01.2021.
8. Even the pleadings do not say so and to a pointed
question from this Court, the learned counsel for the
petitioner was unable to point out to any document or to any
material to establish that said letter had been sent to the
respondent on 15.01.2021 itself, apart from saying that it was
delivered by hand.
9. Obviously, therefore, it is the petitioner's word
against that of the respondent and this Court will not be in a
position to conclusively decide whether a request was made by
CON.CASE(C) NO. 503 OF 2021
the petitioner before the respondent through Annexure A3
on 15.01.2021.
10. Coming to the 2nd limb of the argument of the
petitioner, that respondent has not paid the accrued interest
on the "recovered" amount, paragraph 8 of the counter
affidavit of the respondent avers specifically that the
recovered amount had not been deposited in a separate Bank
account and hence no interest accrued on the same.
11. It is thus clear that there are deep disputes between
the parties as to whether the "recovered" amount had been
maintained in a Bank Account bearing interest or otherwise. It
is, therefore, needless to say that when this Court acts under
the jurisdiction vested in the Contempt of Courts Act, it will
not be possible for me to enter into these issues or to
consider them on its merits conclusively.
In the afore circumstances, I close this contempt case;
however, leaving liberty to the petitioner to invoke every other
remedy that may be available with respect to his claim for
interest on the "recovered" amount, on the allegation that it
CON.CASE(C) NO. 503 OF 2021
had accrued on it, for which purpose, all contentions are left
open.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
CON.CASE(C) NO. 503 OF 2021
APPENDIX OF CON.CASE(C) 503/2021
PETITIONER'S ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT IN
W.P(C)NO.15716/2021 DATED 14.01.2021.
ANNEXURE A2 A TRUE COPY OF THE ORDER DATED 13.01.2021 ISSUED BY
THE 3RD RESPONDENT.
ANNEXURE A3 A TRUE COPY OF THE REQUEST DATED 15.01.2021
SUBMITTED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE A4 A TRUE COPY OF THE LETTER DATED 29.01.2021
SUBMITTED BY THE COUNCIL OF THE PETITIONER TO THE
RESPONDENT.
ANNEXURE A5 A TRUE COPY OF THE LETTER DATED 18.02.2021
SUBMITTED BY THE COUNCIL OF THE RESPONDENT TO THE
COUNSEL OF THE PETITIONER.
ANNEXURE A6 A TRUE COPY OF THE RELEVANT PAGE OF THE BANK
PASSBOOK OF THE PETITIONER.
ANNEXURE A7 A TRUE COPY OF THE LETTER ISSUED TO THE FACT TO THE
SECRETARY (FERTILIZERS), DEPARTMENT OF FERTILIZERS,
NEW DELHI, DATED 20.10.2020 PRODUCED BY THE
RESPONDENT.
