Kerala High Court
Smt. Mini vs Salu on 11 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
CON.CASE(C) NO. 2722 OF 2023
AGAINST THE JUDGMENT DATED 31.05.2019 IN WP(C) NO.20517 OF
2016 OF HIGH COURT OF KERALA
PETITIONER/1ST RESPONDENT IN WP(C):
SMT. MINI
AGED 57 YEARS
W/O JAYAKUINAR, AMBADI HOUSE, SL PURAM PO ALAPUZHA, PIN
- 688523
BY ADVS.
P.BINNY JOSEPH
BASIL MATHEW
RESPONDENTS/ADDITIONAL RESPONDENTS IMPLEADED:
1 SALU
AGE AND FATHER'S NAME NOT KNOWN, CONVENOR,
ADMINISTRATIVE COMMITTEE, S.N.COLLEGE CO.OPERATIVE
SOCIETY, SN PURAM, CHERTHALA ALAPUZHA., PIN - 688582
2 PROF.SUDHEER
AGE AND FATHER'S NAME NOT KNOWN, DEPARTMENT OF
ECONOINICS, MEMBER, ADMINISTRATIVE COMMITTEE,
S.N.COLLEGE CO.OPERATIVE SOCIETY SN PURAM, CHERTHALA
ALAPUZHA, PIN - 688582
3 SACH
AGE AND FATHER'S NAME NOT KNOWN, MEMBER, ADMINISTRATIVE
COMMITTEE, S.N.COLLEGE CO.OPERATIVE SOCIETY SN PURAM,
CHERTHALA, ALAPUZHA. (STAFF, S.N.COLLEGE, CHERTHALA),
PIN - 688582
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CON.CASE(C) NO. 2722 OF 2023
2
BY ADV P.C SASIDHARAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CON.CASE(C) NO. 2722 OF 2023
3
JUDGMENT
It is submitted by Sri.P.C.Sasidharan -
learned counsel for the respondents that his
clients are actively pursuing execution proceedings
against the erstwhile Secretary of the Society,
consequent to a decree that they have obtained
against her in an arbitration proceeding.
2. The learned counsel for the
petitioner, Sri.P.Binny Thomas, however, submitted
that his client has been awaiting repayment of her
Fixed Deposit for the last several years, but to no
avail.
3. I notice from the judgment that this
Court had directed the Arbitrator to dispose of the
ARC against the Secretary of the Bank and to obtain
realisation of the funds from her at the earliest.
However, no time has been fixed in the judgment for
this because, this Court was under the bonafide
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CON.CASE(C) NO. 2722 OF 2023
impression that the Authority concerned will act
quickly under the spirit of the directions.
4. However, since the execution
proceedings is stated to be still pending, I am of
the view that the Sub Court, Alappuzha - before
which it is so - must be ordered to expedite the
same, without any avoidable delay, so as to enable
fructification of the decree obtained by the
Society in the ARC.
I, therefore, close this contempt case;
however, leaving liberty to the petitioner to
approach this Court, after a period of six months
from now, if full realisation of the funds are not
obtained to her, with the said time frame.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
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CON.CASE(C) NO. 2722 OF 2023
APPENDIX OF CON.CASE(C) 2722/2023
PETITIONER'S ANNEXURES
Annexure I CERTIFIED COPY OF THE JUDGMENT IN WP (C ) NO.
20517 OF 2016 DATED 31/05/2019.
Annexure II TRUE COPY OF THE JUDGMENT IN CONTEMPT OF
COURT CASE (CIVIL) NO. 2235 /2022 DATED 2-6-
Annexure III True copy of the order in C.C.No.127/2015 of
the Consumer Disputes Redressal Forum,
Alappuzha dated 30-3-2016
RESPONDENTS' ANNEXURES
Annexure R1(a) True copy of the award in ARC No. 411/2014
dated 21/12/2019
Annexure R2(a) True copy of the award in ARC No. 411/2014
dated 21/12/2019
Annexure R3(a) True copy of the award in ARC No. 411/2014
dated 21/12/2019
Annexure A1 TRUE COPY OF THE DELIVERY MANIFEST DATED
22/12/2023 OF THE DEPARTMENT OF POSTS,
EVIDENCING THE DELIVERY OF NOTICE
RESPONDENTS' ANNEXURES
ANNEXURE R1(a) The true copy of the order dated 27/6/2023 in
E.P.No.304/2022 of the Addl. District Judge-
III, Alappuzha
ANNEXURE R1(b) The true copy of the case status down loaded
from the official website of the Courts
