IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Con.Case(C).No. 1516 of 2007(S) ------------------------------- CON.CASE1526/06 DATED 27.3.2007 IN I.A.120/2006 & I.A.1215/06 IN O.S.83/01 OF SUB COURT IRINJALAKUDA. PETITIONER/PETITIONER/PLAINTIFF: ------------------------------------------------------- S.N.SYNDICATE PRIVATE LIMITED, K.G.HOSPITAL BUILDING, CHALAKUDY, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.RENJITH THAMPAN RESPONDENTS/RESPONDENTS/DEFENDANTS: -------------------------------------------------------------------- 1. P.P.PAUL, AGED NOT KNOWN TO THE PETITIONER, S/O.PAULOSE, PULLAN HOUSE, PRESIDENT, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 2. V.A.VARGHESE, S/O.AND AGE NOT KNOWN TO THE PETITIONER, MANAGING DIRECTOR, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 3. K.K.FRANCIS, S/O. AND AGE NOT KNOWN TO THE PETITIONER, VICE PRESIDENT, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 4. FR.PAUL ELANKUNNAPUZHA, S/O.AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 5. P.V.SURESH, S/O. AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 6. SUBAIDA YUSUF, D/O. AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 7. THOMAS D.KALLELI, S/O. AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 8. C.L.ANTO, S/O. AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 9. P.P. JOSE, S/O. AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 10. ROBINSON. M.A. S/O. AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. 11. VINOD JACOB MATHEW, S/O. AND AGE NOT KNOWN TO THE PETITIONER, MEMBER, CHALAKUDY URBAN CO-OPERATIVE BANK LIMITED NO.1057, CHALAKUDY. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN BY ADV. SRI.DEVAPRASANTH.P.J FOR R1, & 3 TO 6. SRI.S.SREEKUMAR R8 BY ADV. SRI. ALAN PAPALI. R11 BY ADV. SRI. C.B. SREEKUMAR. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cont. Case (C) No. 1516 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008. JUDGMENT H.L.DATTU, CJ, Petitioner is a Private Limited Company, and this petition is filed under Sections 11 and 12 of the Contempt of Courts Act. Petitioner alleges that the respondents have violated the undertaking contained in Annexure-II Bank Guarantee and also have violated wilfully and deliberately the orders passed by Sub Court, Irinjalakuda in O.S. No.83 of 2001. 2. On the earlier occasion the complainant was before this court in Contempt Case No.1526 of 2006. The respondents therein had given an undertaking before this court that they would pay the entire dues of the petitioner-Company within six months from the date of the order. Recording that submission, this court had dropped the proceedings in Cont. Case No.1526 of 2006. 3. Inspite of the expiry of the time that was granted by this court, since the respondents have not complied with the undertaking given by them before this court, the complainant is before us in this contempt case. 4. Pursuant to the directions issued by us, all the respondents are present before this court. 5. Learned counsel appearing for the respondents would submit that Chalakudy Urban Co-operative Bank is now taken over by the Administrator appointed by the State Government in exercise of its power under the provisions of the Kerala Co-operative Societies Act. It is also brought to our notice that the Administrator, in the execution proceedings filed by the petitioner-Company, is C.O.C. 1516/2007. 2 paying the amounts due to the petitioner-Company in easy instalments. 6. Since the Administrator has taken over the affairs of Chalakudy Urban Co-operative Bank and since he is paying the amounts due to the petitioner-Company, at this stage, it would not be necessary for us to initiate any proceedings against the respondents. Accordingly, for the present, we drop this contempt proceedings with liberty to the petitioner-Company to approach this court, if need arises in future. With these observations the contempt proceedings is dropped. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.