Shaji Ashok vs Siju Jacob
2024 Latest Caselaw 6028 Ker

Kerala High Court

Shaji Ashok vs Siju Jacob on 23 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                 CON.CASE(C) NO. 385 OF 2023
 AGAINST THE ORDER/JUDGMENT WP(C) 3745/2022 OF HIGH COURT OF
                             KERALA
PETITIONER/PETITIONER:

          SHAJI ASHOK
          AGED 53 YEARS, W/O. ASHOK V.N.,
          VALIYAPARAMBIL HOUSE, KIZHOOR P.O.
          THRISSUR DISTRICT, PIN - 680523.

          BY ADV TULASI PANICKER


RESPONDENT/1ST RESPONDENT:

         SIJU JACOB
         AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
         WHO IS PRESENTLY WORKING AS THE MANAGING DIRECTOR
         HANDICRAFTS DEVELOPMENT CORPORATION LTD OF KERALA,
         PUTHENCHANTHAI, THIRUVANANTHAPURAM, PIN - 695001.

         BY ADV.SMT.LATHA ANAND, STANDING COUNSEL

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Con.Case(C)No.385 of 2023

                                    :2:




                          JUDGMENT

Dated this the 23rd day of February, 2024

W.P.(C) No.3745 of 2022 was disposed of with the

following directions:-

"In the above circumstances, this Court is of the view that the writ petition can be disposed of directing the respondents to pay the amount of ₹1,12,489/- to the petitioner, after obtaining an Indemnity Bond from the petitioner to the effect that in the event of the respondents are legally forced to pay the said amount to any other party, the petitioner will compensate and reimburse the amount to the respondents. Ordered accordingly. The claim of the petitioner for interest, is left open."

2. Counsel for the respondent submits that an

amount of ₹1,12,489/- has been paid to the petitioner. The

petitioner submits that the petitioner has submitted an

application for payment of interest which has not been

adverted to or considered. When there is delay in payment,

invariably, interest has to be awarded by the respondent.

3. Going through the directions contained in the

judgment and subsequent developments, I find that the

directions of this Court stand substantially complied with.

The matter of interest was left open in the judgment. If the

petitioner wants any relief relating to interest, the petitioner

has to resort to appropriate remedies and it cannot be

granted in a Contempt of Court Case, when there is no

directions to that effect.

The Contempt of Court Case is therefore closed.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF CON.CASE(C) 385/2023

PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 28.02.2022

Annexure A2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT ASSISTANT ACCOUNTS OFFICER IN THE WRIT PETITION DATED 25.06.2022 Annexure A3 THE COMMUNICATION ISSUED BY THE PETITIONER TO RESPONDENT DATED 14/07/2022 Annexure A4 THE LETTER OF COMMUNICATION, ISSUED BY THE PETITIONER TO RESPONDENT DATED 27/10/2022 Annexure A5 THE LETTER OF COMMUNICATION , ISSUED BY THE RESPONDENT TO PETITIONER DATED 28/11/2022 Annexure A6 A COPY OF THE DRAFT INDEMNITY BOND EVIDENCING PAYMENT OF INTEREST Annexure A7 THE TRUE COPY OF TH COMMUNICATION BY THE PETITIONER TO THE RESPONDENT DATED 19/12/2022 Annexure A8 THE LETTER OF COMMUNICATION , ISSUED BY THE RESPONDENT TO PETITIONER DATED 20/01/2023