M.D.Santhosh vs Pawan Awasthy
2023 Latest Caselaw 2761 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                    &
                THE HONOURABLE MR.JUSTICE BASANT BALAJI
       WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        CON.CASE(C) NO. 481 OF 2023
     AGAINST THE JUDGMENT WA 1126/2015 OF THE HIGH COURT OF KERALA
PETITIONER/S:

           M.D.SANTHOSH, AGED 48 YEARS,
           S/O M DAMODARAN MADATHIPARAMBIL HOUSE CHAMAKALA P.O,
           KOTTAYAM, PIN - 686603

           BY ADVS.K.P.PRADEEP; SANAND RAMAKRISHNAN
           HAREESH M.R.; T.T.BIJU; T.THASMI
           M.J.ANOOPA; SANU S MALAKEEL


RESPONDENT/S:

          PAWAN AWASTHY, AGED 55 YEARS
          AGED 55, S/O.LATE S.S.AWASTHY, DIRECTOR, DIRECTORATE OF
          SIKKIM STATE LOTTERIES UNDER FINANCE DEPARTMENT
          GOVERNMENT OF SIKKIM FINANCE DEPARTMENTBALWAKHANI,
          GANGTOK, SIKKIM., PIN - 737101

           BY ADV P.SANJAY


      THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Contempt Case (Civil) No.481/2023
                                    -2-




                             JUDGMENT

S.V. Bhatti, J.

We have heard Adv K P Pradeep and Adv P Sanjay for the

parties.

2. The contempt is at the instance of the writ appellant

and complains disobedience of the common judgment dated

04.02.2022 in W.A. No.1126/2015. The disobedience complained

is that the respondent herein did not comply with the

directions issued in the common judgment dated 04.02.2022 in

letter and spirit.

3. The learned Counsel does not dispute that the

principal amount directed by this Court has been disbursed, and

the interest is not paid with the principal amount.

4. Contempt Case (Civil) No.1733/2022, filed by the

appellant in W.A. No.859/2015, was dismissed by our judgment Contempt Case (Civil) No.481/2023

dated 22.09.2022. We see no reason to take a different view in

the disobedience complained of in the contempt case. In its

jurisdiction under Article 215 of the Constitution of India, under

the Contempt of Court Act 1971, the Court appreciates whether

contempt has been committed, the nature of contempt and

whether the established contempt is on account of willful and

deliberate conduct of the respondent. In the case on hand, by

taking note of the totality of circumstances, we do not see the

disobedience being willful and deliberate. Therefore, we are

not proceeding with the contempt case.

Contempt Case fails. Hence, dismissed.

Sd/-

S.V.BHATTI JUDGE

Sd/-

BASANT BALAJI JUDGE jjj Contempt Case (Civil) No.481/2023

APPENDIX OF CON.CASE(C) 481/2023

PETITIONER ANNEXURES

Annexure A THE CERTIFIED COPY OF THE JUDGMENT DATED 04-02-

2022 PASSED BY THIS HON'BLE COURT IN W.A NO.1126 OF 2015

Annexure B THE TRUE COPY OF THE REQUEST DATED 22-07-2022 ISSUED BY THE PETITIONER TO THE RESPONDENT