Kerala High Court
Sreelal T.N vs V.P.Subramanian on 16 March, 2022
CON.CASE(C) NO. 413 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
CON.CASE(C) NO. 413 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 15332/2020 OF HIGH COURT
OF KERALA
PETITIONER/S:
SREELAL T.N.,
AGED 42 YEARS
S/O. THAMPAN, NEDUMTHARAYIL HOUSE, MUTTOM P.O.,
HARIPAD, ALAPPUZHA DISTRICT-690511.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
RESPONDENT/S:
1 V.P.SUBRAMANIAN,
THE MANAGING DIRECTOR, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, BHADRATHA, MUSEUM ROAD,
THRISSUR-680020.
2 SAJEEV,
THE BRANCH MANAGER, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, MUTTOM, BRANCH NO. 524,
HARIPAD, ALAPPUZHA-690511.
BY ADV K.A.SALIL NARAYANAN, SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C) NO. 413 OF 2022 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
Cont. Case (C.) No. 413 of 2022
in
W.P.(C.) No. 15332 of 2020
----------------------------------------
Dated this the 16th day of March, 2022
JUDGMENT
The above contempt case is filed alleging violation of the
directions in W.P.(C.) No. 15332 of 2020. The respondents
filed an affidavit before this Court and the relevant portion of
the affidavit is extracted hereunder :
3. "Pursuant to the judgment of this Hon'ble Court, the
respondents herein issued a communication to the
principal debtor who is the 4th respondent in the writ
petition. On 17/9/21, he was informed of the judgment and
called upon to make remittances to clear the liability. True
copy of the above communication is produced herewith
and the same may be marked as Annexure R2-A.
4. The 4th respondent in turn conveyed that he will
make monthly remittances of rs 7000/-.each. True copy of
the said letter is produced herewith and the same may be
marked as Annexure R2-B. Thereafter the 2nd respondent
again issued a communication on 31/1/22. True copy of
the above communication is produced herewith and the
same may be marked as Annexure R2C :
5. By letter dt 25/2/22 the Panchayath has been called
upon to debit an amount of RS 7,500/- from the
honorarium of the Panchayath president and remit the
same to the KSFE. True copy of the above communication
is produced herewith and the same may be marked as
Annexure R2-D.
6. As of now the principal debtor has remitted an
amount of Rs 14,000/- and the petitioner only an amount
of Rs 5000/-.
7. The amount was released to the 4th respondent only
on the surety | guarantee of the petitioner. He being
bound by Sec. 128 of the Contract Act cannot wriggle out
of his liability and contend otherwise. Even otherwise
there is no disobedience or violation of the judgment in
W.P.(C). 15332/2020."
In the light of the above, there is no contempt in this
case. Recording the above affidavit, this contempt case is
closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF CON.CASE(C) 413/2022
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE JUDGMENT DATED
01/09/2021 IN WPC NO.15332/2020 OF THIS
HON'BLE COURT.
Annexure B TRUE COPY OF THE COMMUNICATION DATED
23/10/2021 FROM THE 2ND RESPONDENT.
Annexure C TRUE COPY OF THE COMMUNICATION DATED
21/01/2022 FROM THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES
Annexure R2A TRUE COPY OF THE ASSURANCE FROM THE
PRINCIPAL DEBTOR
ANNEXURE R2B TRUE COPY OF THE ASSURANCE FROM THE
PRINCIPAL DEBTOR
ANNEXURE R2C TRUE COPY OF THE LETTER FROM THE 2ND
RESPONDENT TO THE BORROWER
ANNEXURE R2D TRUE COPY OF THE COMMUNICATION ISSUED TO
THE PANCHAYATH
