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2020 Supreme(Online)(KER) 46639

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
THOMAS CHACKO – Appellant
Versus
SRI.MAHESH KUMAR – Respondent


Advocates:
SRI. MOHAN JACOB GEORGE, SMT.P.V.PARVATHY, SMT.REENA THOMAS, SMT.NIGI GEORGE, SRI. NAGARAJ NARAYANAN, SRI. SAIJO HASSAN, SRI. BENOJ C. AUGUSTIN, SRI. RAFEEK. V. K., SMT. P. PARVATHY, SMT. SURYA P.SHAJI, SRI. MANAS P. HAMEED, SMT. AATHIRA SUNNY

JUDGMENT

Dated this the 8th day of July, 2020 S.Manikumar, CJ Instant contempt case is filed alleging non compliance of Annexure-A1 judgment dated 19.12.2019 passed in W.A. No.2352 of 2019, by which, respondent - Bank of India, was directed to pay an amount of Rs.42,37,762/- towards the principal sale amount plus stamp duty and registration charges. Direction was also issued to pay a sum of Rs.25,000/-, as litigation charges, within ten days of the petitioner giving a letter surrendering possession of the property in question. Relevant portion of the said judgment is reproduced hereunder:

“10. In such circumstances, apart from the sum offered to pay as per Annexure R3(a), we deem it fit to direct the Bank of India to pay litigation expenses of Rs. 25,000/-.

11. Mr. J.Harikumar, learned counsel for the respondent Bank submitted that no sooner the appellant/ auction purchaser delivers possession of the subject property, the above said sum + litigation expenses as ordered, will be paid to the appellant/ auction purchaser. Mr. Mohan Jacob George, learned counsel for the auction purchaser/ appellant submitted that suitable letter would be given to the Bank.

12. Within ten days from the date

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