Kerala High Court
Mini.I.P vs Joby .A.J on 2 December, 2022
C.O.© No. 447/2018 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
CON.CASE(C) NO. 447 OF 2018
JUDGMENT DATED 23.08.2017 IN WPC 26203/2017 OF HIGH COURT OF KERALA
ORDER DATED 15.11.2017 IN I.A.NO. 18165 OF 2017 IN W.P.© NO. 26203 OF
2017
PETITIONER/1ST RESPONDENT:
MINI.I.P
W/O. RAGHUNANDANAN,AGED 47 YEARS, MANAGING DIRECTOR-
IN-CHARGE,
ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD.,
PURANATTUKARA P.O., THRISSUR - 680 551.
BY ADV SRI.P.C.SASIDHARAN, SC
RESPONDENT/PETITIONER:
1 JOBY A.J.,
AGED 44 YEARS,
CHIEF EXECUTIVE OFFICER IN-CHARGE,THRISSUR PADDY
FARMERS PRODUCER COMPANY LTD.,T.B. ROAD, KOKKALAI,
THRISSUR - 21.
2 ADDL R2 IMPLEADED:
M.V.RAJENDRAN
S/O VELAYUDHAN, RESIDING AT MANAKKULANPARAMBIL HOUSE,
PO PUZHAKKAL, THIRISSUR -680 553.
CHIEF EXECUTIVE OFFICER, THRISSUR PADDY FARMERS
PRODUCER COMPANY LTD, T.B ROAD, KOKKALAI, THRISSUR-21.
[ADDL. R2 IMPLEADED AS PER ORDER DATED 22/10/2021 IN
IA/1/2021 IN COC 447/2018.]
BY ADVS.
SRI. ARUN CHANDRAN
SRI. C.P.SABARI
SRI. D.SOMASUNDARAM(K/274/1976)
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
C.O.© No. 447/2018 :2:
SHAJI P. CHALY, J.
---------------------------------------------------------
C.O.© No. 447 of 2018
in
I.A. No. 18165/2017 in
W.P.(C). No. 26203 of 2017
---------------------------------------------------------
Dated this the 2nd day of December, 2022.
JUDGMENT
This Contempt Petition is filed by the first respondent in W.P.
(C) No. 26203 of 2017 alleging that the directions contained in the
judgment dated 23.08.2017 is not complied with by the
respondent/writ petitioner, despite the extension of time granted by
this Court as per Annexure III order dated 15.11.2017 in I.A.No.
18165 of 2017 in the aforesaid writ petition.
2. The writ petition was disposed of by this Court recording
the submission made by the learned counsel appearing for the
respondent/writ petitioner that it is agreeable to repay the amount
in six equated monthly instalments and consequent to which the
directions were issued to repay the amount accordingly, starting
from 20.09.2017 and on the corresponding date of the succeeding
months; with a further rider that if any of the directions are
violated, the contempt petitioner Bank will be at liberty to proceed
in accordance with law and recover the amount in lump.
3. The payment of the second instalment was extended as
per Annexure III order dated 15.11.2017 specified above. The
allegation made in the contempt petition by the
petitioner/respondent No.1 in the writ petition is that, the
respondent has paid only an amount of Rs.62,50,000/- by
19.10.2017 and thereby, violated the directions issued in the
impugned judgment.
4. Anyhow, during the pendency of the contempt petition,
payments were being effected, and as of now, an amount of
Rs.7,29,95,893/- is paid by the respondent company to the
contempt petitioner. It is also submitted that altogether, an
amount of Rs.12,31,81,238/- was paid by the respondent. Learned
counsel for the contempt petitioner Bank submitted that the
contempt petitioner has filed a suit before the Arbitrator in terms of
the provisions of Section 69 of the Kerala Co-operative Societies
Act, 1969 ('Act, 1969' for short).
5. The successive officers of the Thrissur Paddy Farmers
Producer Company Ltd., the respondent herein, has filed affidavits
basically stating that the amounts in its entirety could not be paid,
since the company is in financial difficulties and whenever there is a
surplus amount, the same will be paid to the petitioner.
6. However, the learned counsel appearing for contempt
petitioner submitted that the said company has got sufficient
financial source to pay off the entire dues.
7. I have heard the learned counsel for the petitioner Sri. P.C.
Sasidharan and Sri. Anil Kumar, and the learned counsel for the
respondent Sri. D. Somasundaram, and perused the pleadings and
materials on record.
8. The respondents in the contempt petition are officers of
the Thrissur Paddy Farmers Producer Company Limited. Evidently,
huge amounts were due from the said company to the Adat Farmers
Service Co-operative Bank Ltd.--contempt petitioner/respondent in
the writ petition, which, at one point of time, was managed by the
administrative committee appointed under the Act, 1969.
9. Anyhow, substantial payments as specified above are
made by the respondent company, and the contempt petitioner
bank has filed a suit before the Arbitrator in contemplation of
Section 69 of the Act, 1969. Specific directions were issued to the
respondent company in the contempt petition to pay the amount in
six installments; however, in case of violation of any of the
instalments, the contempt petitioner was given the liberty to
recover the amount in accordance with law.
10. As per Section 2(b), the expression 'civil contempt' is
defined to mean 'a wilful disobedience to any judgment, decree,
direction etc. or other process of a court or wilful breach of an
undertaking given to a court. Since payments were being made, it
shows the earnest efforts made by the respondent company to pay
the amount. Therefore, I do not think, there is any wilful
disobedience or contumacious act on the part of the respondent
officers in discharging the liabilities of the company so as to
proceed under the contempt of courts act.
Anyhow, a suit for recovery of amounts is pending
consideration as per the provisions of the Act, 1969. Taking into
account the above aspects, I do not think, the contempt petition is
to be proceeded further. Accordingly, this Contempt Case is closed,
leaving open the liberty of the parties to take up all contentions in
the pending proceedings before the Arbitrator, including the
payments made.
sd/- SHAJI P. CHALY, JUDGE.
Rv/dcs
APPENDIX OF CON.CASE(C) 447/2018
PETITIONER'S ANNEXURES:
ANNEXURE I TRUE COPY OF THE JUDGMENT DATED 23.08.2017 IN
W.P.© NO. 26203 OF 2017.
ANNEXURE II TRUE COPY OF THE PETITION SUBMITTED BY THE
RESPONDENT SEEKING EXTENSION OF TIME DATED
06.11.2017.
ANNEXURE III TRUE COPY OF THE ORDER DATED 15.11.2017 IN
I.A.NO. 18165/2017 IN W.P.© NO. 26203/2017.
RESPONDENTS' ANNEXURES:
ANNEXURE R1(a) TRUE COPY OF THE APPLICATION PREFERRED BY THE
COMPANY TO THE BANK ON 16.02.2018.
ANNEXURE R1(a) AFFIDAVIT OF MANAGING PARTNER OF AISWARIA
MODERN RICE MILL, KALADY DATED 04.03.2019.
ANNEXURE R1(a) TRUE COPY OF THE DECISION OF THE BOARD OF
DIRECTORS DATED 23.03.2019.
ANNEXURE R1(b) DETAILS OF THE AMOUNTS SHOWING THE
REMITTANCE BY THE COMPANY FOLLOWING THE
DIRECTIONS CONTAINED IN ANNEXURE I JUDGMENT.
True Copy
PS To Judge.
rv
