Kerala High Court
Arooha Tours And Travels Pvt. Ltd vs Mr. Sunil E on 25 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 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CON.CASE(C) NO. 1561 OF 2024
AGAINST THE ORDER DATED 12.04.2024 IN WP(C) NO.15321 OF 2024
OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
AROOHA TOURS AND TRAVELS PVT. LTD
REGISTERED AT: @ND FLOOR, FAIR MOUNT TOWER, MAVOOR
ROAD, KOZHIKODE-673 004; REPRESENTED BY ITS MANGING
DIRECTOR: ZAID AMEEN P T; AGED: 33; S/O P T MUHAMMED;
RESIDING AT: PEEDIKATHODUKAYIL HOUSE, KODUVALLY,
KOZHIKODE, PIN - 673572
SAMEER M NAIR
MANU RAMACHANDRAN
R.RAJESH (VARKALA)
M.KIRANLAL
T.S.SARATH
SAILAKSHMI MENON
SMT.AKHILA B.
SABIKH MOHAMMED V.S
RESPONDENT/12TH RESPONDENT:
MR. SUNIL E
MANAGER, FEDERAL BANK, SOUTH BAZAR BRANCH; SITUATED AT:
P B NO. 488, FIRST FLOOR, ADITHYA TOWERS, OPP CIVIL
STATION, SOUTH BAZAR, KANNUR, PIN - 670002
SRI MOHAN JACOB GEORGE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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CON.CASE(C) NO. 1561 OF 2024
2
JUDGMENT
The petitioner alleges that Annexures A3 to A5 orders
have been flagrantly violated by the respondent.
2. Sri.Mohan Jacob George - appearing for the
respondent, however, submitted that, as is evident from
Annexures A3 to A5, no directions were issued to his client. He
added that the respondent only acted as per the directives of the
ESI Corporation.
3. I find some force in the afore submission because, the
interim order in question was to the effect that all recovery action
against the petitioner, pursuant to Exts.P1 and P2, will stand
stayed. Obviously, this was a direction to the ESI Corporation;
and if they have violated the same, it is for the petitioner to
invoke necessary remedies against them.
4. Indubitably, therefore, a case of this nature, with only
the respondent, who is the Manager of the Federal bank on the
party array, without a competent authority of ESI, cannot be
maintained.
Therefore, with every other liberty being reserved to the
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CON.CASE(C) NO. 1561 OF 2024
petitioner, including to file a fresh contempt case arraying proper
parties, this case is closed.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
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CON.CASE(C) NO. 1561 OF 2024
APPENDIX OF CON.CASE(C) 1561/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF ORDER UNDER SECTION 45A OF
ESIC ACT AGAINST PETITIONER FOR 01.04.2019
TO 31.03.2020 DATED 12.06.2023
Annexure A2 A TRUE COPY OF ORDER UNDER SECTION 45A OF
ESIC ACT AGAINST PETITIONER FOR APRIL 2021
TO JANUARY 2023 DATED 12.06.2023
Annexure A3 A CERTIFIED COPY OF THE INTERIM ORDER IN
WPC 15321 OF 2024 AS ON 12.04.2024
Annexure A4 A TRUE COPY OF INTERIM ORDER IN WPC 15321
OF 2024 AS ON 27.05.2024
Annexure A5 A TRUE COPY OF INTERIM ORDER IN WPC 15321
OF 2024 AS ON 29.05.2024
Annexure A6 A TRUE COPY OF LETTER ISSUED BY 12TH
RESPONDENT TO PETITIONER AS ON 04.06.2024
Annexure A7 A TRUE COPY OF LETTER ISSUE BY PETITIONER
TO RESPONDENT AS ON 10.06.2024
RESPONDENT ANNEXURES
Annexure-R1(a) Copy of the relevant portion of the cause
lists dated 25.04.2024
Annexure-R1(b) Copy of the relevant portion of the cause
lists dated 27.05.2024
Annexure-R1(c) Copy of the relevant portion of the cause
lists dated 29.05.2024
Annexure-R1(d) Copy of the relevant portion of the cause
lists dated 05.06.2024
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CON.CASE(C) NO. 1561 OF 2024
Annexure-R1(e) Copy of the vakalath filing receipt dated
17.06.2024
Annexure-R1(f) Copy of the order dated 25.04.2024 in W.P.
Annexure-R1(g) Copy of the garnishee order dated
15.05.2024 issued by the ESI Corporation to
this respondent
