Kerala High Court
K.P.Abraham vs Sreeram Venkitaraman 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. 1543 OF 2024
AGAINST THE JUDGMENT DATED 13.11.2023 IN WP(C) NO.25111 OF
2023 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
K.P.ABRAHAM
AGED 73 YEARS
S/O LATEPAULOSE, GOVERNMENT CONTRACTOR,
KOLLAMKUDYKUNNATH, SOUTH VAZHAKULAM.P.O. ERNAKULAM
DIST., PIN - 683105
BY ADVS.
C.S.GOPALAKRISHNAN NAIR
CHANDINI G.NAIR
RESPONDENTS/RESPONDENTS:
1 SREERAM VENKITARAMAN
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES
CORPORATION, MAVELI BHAVAN, GANDHI NAGAR, KADAVANTRA,
COCHIN, PIN - 682020
2 GURJEETH SINGH DHILLON
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
CHAIRMAN AND MANAGING DIRECTOR HINDUSTAN PREFAB LTD.,
JANGPURA, NEAR RAJADOOTH HOTEL, NEW DELHI, PIN - 110014
BY ADVS.
2024:KER:72591
CON.CASE(C) NO. 1543 OF 2024
2
SRI SANTHOSH PETER (MAMALAYIL)
SMT MOLLY JACOB-R2
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:72591
CON.CASE(C) NO. 1543 OF 2024
3
JUDGMENT
The petitioner alleges that the directions
in the judgment dated 13.11.2023, has not been
complied with by either the 1st respondent or
the 2nd respondent.
2. However, Smt.Molly Jacob - learned
counsel for the 2nd respondent, submitted that
Annexure A2 order has been issued by her client
in full compliance of the directions; and
therefore, that the charge of contempt against
him is now untenable.
3. As far as the 1st respondent is
concerned, his learned counsel - Sri.Santhosh
Peter, submitted that the eligible amounts, as
mentioned in Annexure A2 - has already been
released to the petitioner on 15.07.2024.
4. However, Sri.C.S.Gopalakrishnan
2024:KER:72591
CON.CASE(C) NO. 1543 OF 2024
Nair - learned counsel for the petitioner,
argued that Annexure A2 is incompetent and
illegal because, it has been signed by an
Assistant Manager and not by the General
Manager of the 'Hindustan Prefab Ltd'; but
admitting that the amount of Rs.1,72,834/- has
been received by his client.
5. Obviously, there are two issues in
this case, namely (a) whether Annexure A2 order
signed by an Assistant Manager of the Company
is competent and (b) since the receipt of
Rs.1,72,834/- by the petitioner from the 1st
respondent is admitted, any further action
against him is warranted.
6. As regards the first of the afore
issues, Annexure A2 is a proceeding issued by
'Hindustan Prefab Ltd.' and going by the
judgment, I had only directed them to consider
2024:KER:72591
CON.CASE(C) NO. 1543 OF 2024
the petitioner's claim and issue appropriate
proceedings without mentioning as to who should
do it. It was left to the competent Authority
of the company to have done so; and
indubitably, therefore, I cannot find Annexure
A2 to be worthy of consideration by this Court
in a contempt jurisdiction, though it may be
available to the petitioner to challenge it as
being illegal and unlawful, through other
appropriate proceedings.
7. Coming to the second limb, since the
petitioner admits that an amount of
Rs.1,72,834/- has been received, nothing more
require to be considered as regards this, since
this was all that was ordered by this Court
against the 1st respondent.
In the afore circumstances, with liberty
being reserved to the petitioner to challenge
2024:KER:72591
CON.CASE(C) NO. 1543 OF 2024
Annexure A2 in any manner that he may deem fit,
I close this contempt case without any further
orders.
I further clarify that none of the rival
contentions of the parties qua Annexure A2 have
looked into by this Court and that they are all
left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
2024:KER:72591
CON.CASE(C) NO. 1543 OF 2024
APPENDIX OF CON.CASE(C) 1543/2024
PETITIONER'S ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE JUDGMENT IN WP(C)
NO.25111/2023 DT:13.11.2023
Annexure A2 A TRUE COPY OF THE COMMUNICATION NO.HPL-
LEGAL/ 2023-24/366/SP/33 DT:16/17TH FEBRUARY
Annexure A3 A TRUE COPY OF THE LETTER DT:24.1.2024
ADDRESSED TO THE 2ND RESPONDENT
Annexure A4 TRUE COPY OF THE GST RETURN GSTR-1 FILED IN
RESPECT OF INVOICE NO.21
Annexure A5 TRUE COPY OF THE GST RETURN GSTR-1 FILED IN
RESPECT OF INVOICE NO.27
Annexure A6 A TRUE COPY OF THE STATEMENT SHOWING THE
DETAILS OF THE BILLS SUBMITTED AND THE
PAYMENTS RECEIVED
