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P.P.Viswanathan vs P.Chandran

P.P.Viswanathan vs P.Chandran

Type Court Judgment Court Kerala Decided Jul 30, 2021
~2 min read
https://sooperkanoon.com/case/1626233

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Con.Case(C)/732/2021

Parties & Advocates

Appellant / Petitioner

P.P.Viswanathan

Respondent

P.Chandran

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice sunil thomas friday, the 30th day of july 2021 / 8th sravana, 1943 con.case(c) no. 732 of 2021 in w.p.(c)no.32279/2011 against the order/judgment in wp(c) 32279/2011 of high court of kerala petitioner/petitioner: p.p.viswanathan aged 62 years s/o. raman, house no. 5, manikkoth nagar housing colony, p.o pallikkunnu, kannur 670 004 by advs. kaleeswaram raj sri.varun c.vijay kum.thulasi k. raj respondents/respondents: 1 sri.p.chandran father's name and age are not known to the petitioner secretary chirakkal service co-operative bank ltd, chirakkal p.o, kannur 670 011 2 smt. mini antony i a s petitioner, secretary to government, department of co-operation, secretariat, 3 sri p.b nooh ias, petitioner, registrar of co-operative societies, sr.gp.harish k.p this contempt of court case (civil) having come up for admission on 30.07.2021, the court on the same day delivered the following: con.case(c) no. 732 of 2021 2judgmentwhen the contempt case was taken up, the learned counsel for the petitioner submitted that the petitioner had already withdrawn the amount on 19.10.2017 as stated by the first responent in his statement. it was submitted by the learned counsel that this was not conveyed by the petitioner at the time of instructing the lawyer to file the contempt of case. evidently, the petitioner by this process unnecessary dragging the respondents to this court. virtually this is a matter in which the petitioner should have been imposed him heavy cost. however, i refrain from doing so, considering the situation in which the petitioner is now stated to be in, which was very fairly acknowledged by the counsel for the contesting respondent. his conduct is liable to be deprecated. the amount now remaining more is than is rs.26,02,457/- (rupees twenty six lakhs two thousand four hundred and fifty seven only). this is recorded and the contempt of case is closed. sd/- sunil thomas, judge r.av.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 CON.CASE(C) NO. 732 OF 2021 IN W.P.(C)NO.32279/2011 AGAINST THE ORDER/JUDGMENT IN WP(C) 32279/2011 OF HIGH COURT OF KERALA PETITIONER/PETITIONER: P.P.VISWANATHAN AGED 62 YEARS S/O. RAMAN, HOUSE NO. 5, MANIKKOTH NAGAR HOUSING COLONY, P.O PALLIKKUNNU, KANNUR 670 004 BY ADVS. KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.THULASI K. RAJ RESPONDENTS/RESPONDENTS: 1 SRI.P.CHANDRAN FATHER'S NAME AND AGE ARE NOT KNOWN TO THE PETITIONER SECRETARY CHIRAKKAL SERVICE CO-OPERATIVE BANK LTD, CHIRAKKAL P.O, KANNUR 670 011 2 SMT. MINI ANTONY I A S PETITIONER, SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, 3 SRI P.B NOOH IAS, PETITIONER, REGISTRAR OF CO-OPERATIVE SOCIETIES, SR.GP.HARISH K.P THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CON.CASE(C) NO. 732 OF 2021 2

JUDGMENT

When the contempt case was taken up, the learned counsel for the petitioner submitted that the petitioner had already withdrawn the amount on 19.10.2017 as stated by the first responent in his statement. It was submitted by the learned counsel that this was not conveyed by the petitioner at the time of instructing the lawyer to file the contempt of case. Evidently, the petitioner by this process unnecessary dragging the respondents to this court. Virtually this is a matter in which the petitioner should have been imposed him heavy cost. However, I refrain from doing so, considering the situation in which the petitioner is now stated to be in, which was very fairly acknowledged by the counsel for the contesting respondent. His conduct is liable to be deprecated. The amount now remaining more is than is Rs.26,02,457/- (Rupees twenty six lakhs two thousand four hundred and fifty seven only). This is recorded and the Contempt of case is closed. Sd/- SUNIL THOMAS, JUDGE R.AV CON.CASE(C) NO. 732 OF 2021 3 APPENDIX OF CON.CASE(C) 732/2021 PETITIONER ANNEXURE ANNEXURE 1 TRUE COPY OF THE JUDGMENT DATED 6-03-2015 IN WP(C) NO. 32279 OF 2011

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