Babu vs Biju Prabhakar I A S
2021 Latest Caselaw 23681 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                 CON.CASE(C) NO. 1949 OF 2021
  AGAINST THE JUDGMENT IN WP(C) 5966/2021 OF HIGH COURT OF
                           KERALA
PETITIONER/PETITIONER IN W.P.:

    1     BABU
          AGED 53 YEARS
          S/O KUNJAPPAN T.K.,
          PUTHIYAVEETTIL HOUSE, VARIKOLI P.O, NOW RESIDING AT
          KOZHIPPLLIL THAMPI'S HOUSE, NEAR MAMALA SNDP
          SCHOOL, KAKKADU KARA, THIRUVANIYOOR VILLAGE,
          ERNAKULAM, PIN-682308.

          BY ADVS.
          K.R.PRATHISH
          P.K.SREEVALSAKRISHNAN

RESPONDENT/RESPONDENT NO.3 IN W.P.:

    1     BIJU PRABHAKAR I A S
          AGED 50 YEARS
          S/O THACHADI PRABHAKARAN, MANAGING DIRECTOR,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          TRANSPORT BHAVAN, FORT P.O,
          TRIVANDRUM, PIN-695023.

          BY ADV. SRI.DEEPU THANKAN, SC

    THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON CASE (C) NO.1949 OF 2021
                                   2




                               JUDGMENT

Dated this the 30th day of November, 2021

This Court by judgment dated 31.03.2021 had

disposed of the Writ Petition with a direction to the

K.S.R.T.C. to deposit the entire award amount with

interest in E.P.No.15 of 2016 before the MACT,

Muvattupuzha. A statement has been filed by the

K.S.R.T.C. today, stating that a sum of Rs.7,05,622/-

as per cheque No.565964 and Rs.3233/- as per

cheque No.565963 both dated 20.11.2021 before the

MACT, Muvattupuzha.

2. Though substantial portion of the amount

has been deposited, the learned Counsel for the

petitioner has a specific case that the subsequent

interest has not been paid. This Court has passed an

order directing the respondent to deposit entire award

amount. The question whether any other further

amount towards future interest is due, is a matter to

be considered by the execution court. Hence, for the CON CASE (C) NO.1949 OF 2021

purpose of determining it, the MACT can adjudicate

and pass appropriate order accordingly. The amount

already in deposit can be released in accordance with

law to the person entitled as per award, without

waiting for final outcome of question of interest.

Accordingly, Contempt Case is closed.

Sd/-

SUNIL THOMAS

JUDGE SKP/1-12 CON CASE (C) NO.1949 OF 2021

APPENDIX OF CON.CASE(C) 1949/2021

PETITIONER'S ANNEXURE:

ANNEXURE A1 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 28.06.2021.

RESPONDENT'S ANNEXURE: NIL

TRUE COPY

P.A.TO JUDGE