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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945 CON.CASE(C) NO. 385 OF 2023 AGAINST THE ORDER/JUDGMENT WP(C) 3745/2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER:
SHAJI ASHOK AGED 53 YEARS, W/O. ASHOK V.N., VALIYAPARAMBIL HOUSE, KIZHOOR P.O.
THRISSUR DISTRICT, PIN – 680523.
BY ADV TULASI PANICKER RESPONDENT/1ST RESPONDENT:
SIJU JACOB AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, WHO IS PRESENTLY WORKING AS THE MANAGING DIRECTOR HANDICRAFTS DEVELOPMENT CORPORATION LTD OF KERALA, PUTHENCHANTHAI, THIRUVANANTHAPURAM, PIN – 695001.
BY ADV.SMT.LATHA ANAND, STANDING COUNSEL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 23rd day of February, 2024 W.P.(C) No.3745 of 2022 was disposed of with the following directions:-
“In the above circumstances, this Court is of the view that the writ petition can be disposed of directing the respondents to pay the amount of ₹1,12,489/- to the petitioner, after obtaining an Indemnity Bond from the petitioner to the effect that in the event of the respondents are legally forced to pay the said amount to any other party, the petitioner will compensate and reimburse the amount to the respondents. Ordered accordingly.
The claim of the petitioner for interest, is left open.”
2. Counsel for the respondent submits that an amount of ₹1,12,489/- has been paid to the petitioner. The petitioner submits that the petitioner has submitted an application for payment of interest which has not been adverted to or considered. When there is delay in payment, invariably, interest has to be awarded by the respondent.
3. Going through the directions contained in the judgment and subsequent developments, I find that the directions of this Court stand substantially complied with. The matter of interest was left open in the judgment. If the petitioner wants any relief relating to interest, the petitioner has to resort to appropriate remedies and it cannot be granted in a Contempt of Court Case, when there is no directions to that effect.
The Contempt of Court Case is therefore closed.
Sd/-
N. NAGARESH JUDGE ams APPENDIX OF CON.CASE(C) 385/2023 PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 28.02.2022 IN WP(C).NO.3745/2022 Annexure A2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT ASSISTANT ACCOUNTS OFFICER IN THE WRIT PETITION DATED 25.06.2022 Annexure A3 THE COMMUNICATION ISSUED BY THE PETITIONER TO RESPONDENT DATED
14/07/2022 Annexure A4 THE LETTER OF COMMUNICATION, ISSUED BY THE PETITIONER TO RESPONDENT DATED
27/10/2022 Annexure A5 THE LETTER OF COMMUNICATION , ISSUED BY THE RESPONDENT TO PETITIONER DATED
28/11/2022 Annexure A6 A COPY OF THE DRAFT INDEMNITY BOND EVIDENCING PAYMENT OF INTEREST Annexure A7 THE TRUE COPY OF TH COMMUNICATION BY THE PETITIONER TO THE RESPONDENT DATED 19/12/2022 Annexure A8 THE LETTER OF COMMUNICATION , ISSUED BY THE RESPONDENT TO PETITIONER DATED
20/01/2023
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