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2026 Supreme(Online)(Ker) 14536

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
CHANDY KOSHY – Appellant
Versus
SHRI. BIPIN MADHU – Respondent
CON.CASE(C) NO. 2505 OF 2025 | WP(C) NO.6572 OF 2020



Advocates:
For the Appellants/Petitioners: SRI.B.RENJITHKUMAR, SRI.T.PRADEEP KUMAR, SMT.A.DEEPTHI, SMT.CLARA SHERIN FRANCIS, SHRI.VYSHNAV S.
For the Respondents: SRI.K.A.SALIL NARAYANAN

The court affirmed that a party may withdraw a contempt case without reserving specific liberties, maintaining the inherent right to further legal recourse.

Headnote:This Contempt Case arose following the failure to array the competent Authority of the Union of India in the party array. The petitioner, upon arguing, sought to withdraw the matter which was unopposed by the respondents. The court sanctioned this withdrawal with clarity that the petitioner retains rights under law. The main issues were the omission of necessary parties and the inability to reserve specific liberties. The court concluded to dismiss the Contempt Case as withdrawn, allowing the petitioner to seek further rights as per law.

Table of Content
1. withdrawal of contempt case without reserving specific legal rights. (Para 1 , 2)

Devan Ramachandran, J.

After arguing this matter for some time, Sri. B. Renjithkumar - appearing for the petitioner, conceded that the competent Authority of the Union of India, has been omitted to be arrayed in the party array. He, prayed that this Contempt Case be, therefore, allowed to be withdrawn; with liberty being reserved to his client to file a fresh one, arraying all proper parties.

2. Sri.K.A.Salil Narayanan appearing for the respondents, submitted that his clients do not object to this Contempt Case being dismissed as withdrawn; but prayed that no specific liberty be reserved in favor of the petitioner.

3. We have no doubt that the request of Sri.

B. Renjithkumar - learned Counsel, to withdraw this Contempt Case, must be acceded to; and on the question of liberty, we are of the firm view that even without such being expressly reserved, the petitioner may obtain further rights as per law.

In the above circumstances, the Contempt Case is dismissed as having been withdrawn; with liberties as available to the petitioner in law being clarified to be not precluded.

Sd/-

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