Kerala High Court
Ponnamma vs Mohammed Ansar T K on 14 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945
CON.CASE(C) NO. 2500 OF 2022
IN RESPECT OF THE JUDGMENT DATED 08/07/2022 OF THIS HONOURABLE COURT IN
WP(C) NO.22286 /2022
PETITIONERS / WRIT PETITIONERS:
1 JOSEPH Y
AGED 71 YEARS, S/O CHACKO YESHIAH, PLAVILA VEEDU,
AVANEESHWARAM, VILAKKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM
DISTRICT, PIN - 691020
2 PONNAMMA
AGED 59 YEARS, W/O JOSEPH Y, PLAVILA VEEDU, AVANEESHWARAM,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT,
PIN - 691020
BY ADVS.
T.R.RAJAN
ALAN J YOGYAVEEDU
RESPONDENT/2nd RESPONDENT:
1 MOHAMMED ANSAR T K
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
ARBITRATOR CUM SPECIAL SALE OFFICER, ELAMPAL SCB LTD. NO.
604, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), PATHANAPURAM, PIN - 689695
BY ADVS.
P.N.MOHANAN
RAJAN
C.P.SABARI(K/973/2010)
AMRUTHA SURESH(K/000971/2016)
GILROY ROZARIO(K/399/2021)
OTHER PRESENT:
SR.PP.RENJITH GEORGE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2023, ALONG WITH Con.Case(C).2502/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Con.Case(C) Nos.2500 and 2502 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945
CON.CASE(C) NO. 2502 OF 2022
IN RESPECT OF THE JUDGMENT DATED 08/07/2022 OF THIS HONOURABLE COURT
IN WP(C) NO.22275 OF 2022
PETITIONERS /WRIT PETITIONERS:
1 PONNAMMA
AGED 59 YEARS
W/O JOSEPH Y, PLAVILA VEEDU, AVANEESHWARAM, VILAKKUDI VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691020
2 JOSEPH Y
AGED 71 YEARS
S/O CHACKO YESHIAH, PLAVILA VEEDU, AVANEESHWARAM, VILAKKUDI
VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691020
BY ADVS.
T.R.RAJAN
ALAN J YOGYAVEEDU
RESPONDENT/S:
MOHAMMED ANSAR T K
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS, ARBITRATOR CUM
SPECIAL SALE OFFICER, ELAMPAL SCB LTD. NO. 604, OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
PATHANAPURAM, PIN - 689695
BY ADVS.
P.N.MOHANAN
C.P.SABARI(K/973/2010)
AMRUTHA SURESH(K/000971/2016)
GILROY ROZARIO(K/399/2021)
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2023, ALONG WITH Con.Case(C).2500/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Con.Case(C) Nos.2500 and 2502 of 2022
3
V. G. ARUN, J.
--------------------------------------------
Con.Case(C) No.2500 of 2022
and
Con.Case(C) No.2502 of 2022
--------------------------------------------
Dated this the 14th day of June, 2023
JUDGMENT
This contempt of court case is filed alleging violation of the
direction to pass orders on the petition for condonation of delay and
setting aside exparte order. The respondent has filed an affidavit
stating that orders were passed on both petitions. Thereby, the delay
was condoned and the petition for setting aside the exparte order was
allowed. Thereafter, the petitioners were heard and fresh order issued.
2. Learned counsel for the petitioners asserted that no such
opportunity was granted and the award is liable to be set aside. In so
far as the respondent has complied with the direction to pass orders on
the applications for condonation of delay and setting aside exparte
award, the contempt of court case is closed.
Con.Case(C) Nos.2500 and 2502 of 2022
If the petitioners have grievance regarding the manner in which
the fresh award is passed, it is for them to take up the matter before
the appropriate authority / forum.
Sd/-
V. G. ARUN
JUDGE
rpr
Con.Case(C) Nos.2500 and 2502 of 2022
APPENDIX OF CON.CASE(C) 2500/2022
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 8/7/2022
IN WP(C) NO. 22286 OF 2022
Annexure A2 TRUE COPY OF THE AWARD DATED 12/10/2022 IN
ARC 5434/14 PASSED BY THE RESPONDENT
Con.Case(C) Nos.2500 and 2502 of 2022
APPENDIX OF CON.CASE(C) 2502/2022
PETITIONER ANNEXURES
Annexure A1 • CERTIFIED COPY OF THE JUDGEMENT DATED
8/7/2022 OF THIS HONBLE COURT IN WP(C) NO.
22275 OF 2022
Annexure A2 TRUE COPY OF THE AWARD DATED 12/10/2022 IN
ARC 5435/14 PASSED BY THE RESPONDENT
