Ia.1/2021 In Contempt ... vs For Information Purpose Only
2021 Latest Caselaw 9911 Ker

IA/1/2021 IN Con.Case(C) 187/2020                     1/4



                             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                 Present:

                         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                  Wednesday,the 24th day of March 2021/3rd Chaithra, 1943

       IA.1/2021 IN Contempt Case(C)No.187/2020 (S) in WP(C) No.3915/2018

PETITIONER/PETITIONER
            For information purpose only
        N.M. SIRAJUDEEN,
        S/O.NAINAR MUHAMMED, AGED 60 YEARS,
        FINANCE MANAGER, (RETIRED), HANTEX PROCESS HOUSE,
        PAPPANAMCODE, KERALA STATE HANDLOOM WEAVERS
        CO-OPERATIVE SOCIETY LTD.NO.H 232, THIRUVANANTHAPURAM,
        RESIDING AT T.C.49/620(2), MRWA 61-A, MALLIYIDOM,
        MANACAUD, THIRUVANANTHAPURAM - 695 009.
RESPONDENTS/FIRST AND SECOND RESPONDENTS
1.       K.S. ANILKUMAR, AGED 49 YEARS, MANAGING DIRECTOR,
         KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE
         SOCIETY LTD.NO.H 232, OOTTUKUZHI,
         THIRUVANANTHAPURAM - 695 001, RESIDING AT
         THIRUVANANTHAPURAM.
2.       SRI.S. RADHINDRAN, AGED 55 YEARS, THE PRESIDENT,
         THE MANAGING COMMITTEE OF KERALA STATE HANDLOOM
         WEAVERS CO-OPERATIVE SOCIETY LTD.NO.H 232, OOTTUKUZHI,
         THIRUVANANTHAPURAM - 695 001, RESIDING AT KARTHIK,
         T.C.5/1613, AMBALAMUKKU, PEEROORKKADA P.O., TRIVANDRUM.



        Application praying that in the circumstances stated in the affidavit
filed therewith the High Court be pleased to initiate contempt proceedings
as per the memo of charges.
     This application coming on for orders upon perusing the application and

the affidavit filed in support thereof, and this Court's judgment dated

12/02/2020 and upon hearing the arguments of SRI.P.N.MOHANAN, Advocate for

the     petitioner           in     IA/COC and   of    SRI.N.RAGHURAJ,   Advocate   for   the

respondents in IA/COC, the court passed the following:
 IA/1/2021 IN Con.Case(C) 187/2020                   2/4



ANNEXURE R1(a):                     TRUE PHOTOCOPY OF ORDER DATED 05/03/2021.




            For information purpose only
                DEVAN RAMACHANDRAN, J.
          --------------------------------------------------
          I.A.No.1/2021 in COC No.187 of 2020
          --------------------------------------------------
           Dated this the 24th day of March, 2021
                           O R D E R

For information purpose only When this matter was called today, learned

counsel for the respondents - Sri.N.Reghuraj,

submitted that Annexure-R1(a) has been produced

on record in compliance with the directions in

the judgment.

Sri.P.N.Mohanan - learned counsel appearing

for the petitioner, however, submitted that an

amount of Rs.81,879/- has been withheld and prays

that further action under the Contempt of Courts

Act be proceeded against the respondents.

Sri.N.Reghuraj responded to this saying that

the submissions of the petitioner as above are

not correct and that the entire amounts have

already been paid to the petitioner.

In such circumstances, I am afraid that I

cannot accede to the afore request of

Sri.P.N.Mohanan because, the question of COC 187/20

retention of amounts by the respondents, if

any, is an issue that will require to be

considered by an appropriate forum, after

For information purpose only evaluation of various factors.

In the afore circumstances, I close this

I.A. recording the submission of Sri.N.

Reghuraj that Annexure-R1(a) order has been

issued; however, leaving liberty to the

petitioner to invoke every other remedy for the

balance amounts, if any, as per law.

Sd/-

DEVAN RAMACHANDRAN, RR/24.03.2021 JUDGE

/true copy/ Sd/- ASSISTANT REGISTRAR