Citation : 2023 Latest Caselaw 6846 Ker
Judgement Date : 21 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 21st day of June 2023 / 31st Jyaishta, 1945
WA NO. 1305 OF 2022
AGAINST JUDGMENT DATED 25.07.2022 IN WP(C) 5747/2021 OF THIS COURT
APPELLANTS/RESPONDENTS 1 TO 3 IN WP(C):
1. THE THURUTHIPURAM SERVICE CO-OPERATIVE BANK LTD NO.1789,
THURUTHIPPURAM P.O., ERNAKULAM - 680667, REPRESENTED BY ITS
SECRETARY.
AND 2 OTHERS.
BY SENIOR ADVOCATE SRI. GEORGE POONTHOTTAM AND
ADV.SMT.NISHA GEORGE
RESPONDENTS/WRIT PETITIONER & RESPONDENTS 4 & 5 IN W.P.(C):
1. V R ANTONY, VADAKKEDATH HOUSE, THURUTHIPPURAM P.O., NORTH PARAVOOR,
VELLOTTUMPURAM, ERNAKULAM DISTRICT - 680667.
AND 2 OTHERS.
BY ADV.P.P.JACOB FOR R1
ADDITIONAL ADVOCATE GENERAL SRI.ASOK M.CHERIAN,
GOVERNMENT PLEADER SMT.SABEENA P.ISMAIL,
SENIOR GOVERNMENT PLEADER SRI.SAIGI JACOB PALATTY &
SPECIAL GOVERNMENT PLEADER SRI.P.P.THAJUDEEN FOR R2 AND R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 25.07.2022 passed by the
Learned Single Judge in W.P.(C) No.5747 of 2021, pending disposal of this
Writ Appeal.
This Writ Appeal again coming on for orders on 21/06/2023 upon
perusing the appeal memorandum and this court's order dated
08/06/2023, the court on the same day passed the following:
ALEXANDER THOMAS, C. JAYACHANDRAN &
SHOBA ANNAMMA EAPEN, JJ.
===============================================
W. A. No. 1305 of 2022
(arising out of the impugned judgment dated 25.7.2022 in WP(C) No. 5747/2021)
===============================================
Dated this the 21st day of June, 2023
ORDER
ALEXANDER THOMAS, J.
Sri.A.L.Navaneeth Krishnan, learned counsel appearing
for the appellants, submits that his parties (R-1 to R-3 in the WP(C))
are now facing Contempt proceedings in Cont.Case (C) No.401/2023 (arising out of the impugned judgment dated 25.7.2022 rendered by the
learned Single Judge in the instant WP(C).No.5747/2021) and that, the
Contempt Case is posted tomorrow.
2. Sri.P.P.Jacob, learned counsel appearing for R-1 herein
(writ petitioner), would submit, on the basis of instructions of his
party, that his party will not press for the Contempt proceedings
till the reference matters are answered by the Full Bench.
3. The abovesaid undertaking made by the writ petitioner is
hereby recorded. So it is ordered that further proceedings in the
above Contempt Case will stand deferred until the Full Bench
answers the referred issues.
W. A. No. 1305/2022
..2..
List this case along with other connected matters on
22.6.2023 at 3.15 P.M.
Handover to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C. JAYACHANDRAN, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
MMG
21-06-2023 /True Copy/ Assistant Registrar
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