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2021 Supreme(Online)(KER) 37825

HIGH COURT OF KERALA
SHAJI P.CHALY, J
P.PADMANABHAN
– Appellant
Versus

K.V.PRATHEESH, – Respondent


Advocates:
T.G.RAJENDRAN, K.P. HARISH, SR. GOVERNMENT PLEADER

JUDGMENT

This Contempt Case is filed complaining that the directives contained in the judgment dated 31.07.2017 in W.P.(C) No. 26179 of

2017 is not complied with.

2. The subject issue relates to the non-release of matured Fixed Deposit amounts with the society in question. However, now an affidavit is filed by the first respondent basically stating that the society has ran into financial difficulties and consequent to which liquidation proceedings have been initiated, which is going on.

3. In that view of the matter, it cannot be said that there was any deliberate or contumacious conduct on the part of the respondents in not complying with the directions in the judgment. However, I think, it is only appropriate that the narration made in the affidavit is recorded for convenience for any future purposes and it reads thus:

“6. It respectfully submitted that the petitioner and others were made deposit in the co operative society under liquidation while it became defunct due to the mismanagement of the then Managing committee. While considering the Writ Appeal No. 1399/2011 this Hon’ble court observed that the petitioner and other creditors can refund their investment only by liquidating

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