Dony John vs Sebastian J
2024 Latest Caselaw 11008 Ker

Kerala High Court

Dony John vs Sebastian J on 12 April, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
         FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946

                       CON.CASE(C) NO. 86 OF 2024

AGAINST THE JUDGMENT DATED 11.09.2023 IN WP(C) NO.4142 OF 2023 OF HIGH
                           COURT OF KERALA
PETITIONER:

            DONY JOHN, AGED 60 YEARS,                             S/O
            JOHN, VALIAVEETTIL HOUSE, VAZHAPPILLY, CHANGANACHERRY,
            KOTTAYAM, PIN - 686101

            BY ADVS.
            P.N.MOHANAN
            C.P.SABARI
            AMRUTHA SURESH
            GILROY ROZARIO

RESPONDENTS:

     1      SEBASTIAN J, S/O DEVASIA JOSEPH, RESIDING AT PALATHARA,
            KOTTAYAM, SECRETARY, VAZHAPPALLY SERVICE CO-OPERATIVE BANK
            LTD.NO.K.108, VAZHAPPALLY P.O, CHANGANASSERI,
            KOTTAYAM., PIN - 686103

     2      M.T.JOSEPH,S/O JOSEPH THOMAS, RESIDING AT MATTOM,
            VAZHAPPALLY PRESIDENT, VAZHAPPALLY SERVICE CO-OPERATIVE BANK
            LTD.NO.K.108, VAZHAPPALLY P.O, CHANGANASSERI,
            KOTTAYAM., PIN - 686103

     3      ANJANA.S (FATHERS NAME NOT KNOWN TO THE PETITIONER,
            THE SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION
            BOARD, P.B. NO. 85, KALA NIVAS, T.C. 27/156, 157, CHINMAYA
            LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM
            RESIDING AT THIRUVANANTHAPURAM., PIN - 695001

            BY ADV SHIBU JOSEPH

OTHER PRESENT:

            SRI SHIBU JOSEPH,
            SRI K C SANTHOSH KUMAR,
            SRI. M SASINDRAN FOR PARTY RESP.


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
     ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Cont. Case No.86 of 2024                  2


                                 RAJA VIJAYARAGHAVAN V, J.
                                -------------------------------------
                                  Cont. Case No.86 of 2024
                                -------------------------------------
                             Dated this the 12th day of April 2024

                                           JUDGMENT

When the matter was taken up for consideration, it is submitted by the

learned counsel appearing for the respondents that a sum of Rs.25,15,366/- is

being released to the petitioner in terms of the directions issued by this Court.

Reserving the right of the petitioner to raise his claim for further amounts,

if any, in appropriate proceedings, this Contempt Case is closed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

PS/12/4/24

APPENDIX OF CON.CASE(C) 86/2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE AWARD DATED 27.05.2020 IN ARC.NO.24/2019 OF THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM

Annexure A2 TRUE COPY OF THE JUDGMENT DATED 28.12.2021 IN APPEAL NO.71/2020 OF THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM

Annexure A3 CERTIFIED COPY OF THE JUDGMENT DATED 11.09.2023 IN W.P.(C).NO.4142/2023

Annexure A4 TRUE COPY OF THE LETTER DATED 10.10.2023 OF THE 2ND RESPONDENT TO THE PETITIONER

ANNEXURE R 1(a) TRUE COPY OF THE REVISION ORDER DATED 01-02-2018

ANNEXURE R 1(b) TRUE COPY OF THE THE LEAVE APPLICATION DATED 31-01-2018

ANNEXURE R 1(c) TRUE PHOTOCOPY OF THE JUDGMENT DATED 20-12-2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 21456 OF 2018

ANNEXURE R 1(d) TRUE COPY OF ORDER APPOINTING SHINY SEBASTIAN AS SECRETARY DATED 31-01-2018

ANNEXURE R 1(e) TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 8109/2019 DATED 31-5-2019

ANNEXURE A6 A TRUE COPY OF THE JUDGMENT DATED 12.07.2022

ANNEXURE A7 TRUE COPY OF THE JUDGMENT DATED 05.11.2022 IN A.P.NO.71/2020 OF KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM

ANNEXURE A8 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 12.06.2023 FILED BY THE FIRST AND SECOND RESPONDENTS IN WP(C) 4142/2023