IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Con.Case(C).No. 436 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.17533/2006 Dated 27/11/2006 .................... PETITIONERS/PETITIONERS: ------------------------------- 1. K. ISMAIL, S/O.KASSIM, AGED 67 YEARS, RTD SR. CLERK, ERNAKULAM DISTRICT WHOLESALE CO-OP.CONSUMER STORES LTD., NO.E 122, KAKKANAD, (RESIDING AT HOUSE NO.17/899, MULATHU HOUSE, NEAR ST. ANTONY'S CHURCH, KAKKANAD, KOCHI - 31). 2. K.A. HAMZA, S/O.ABDULLA, AGED 67 YEARS, RTD.JR.CLERK, ERNAKULAM DISTRICT WHOLESALE CO-OP.CONSUMER STORES LTD., NO.E 122, KAKKANAD, (RESIDING AT ANJIKKATHUPARAMBIL HOUSE, POTTAKUZHI P.O., KALOOR, KOCHI - 17). 3. B.A. KOCHAHAMMED, S/O. AHAMMED, AGED 69 YEARS, RTD. SALESMAN, ERNAKULAM DISTRICT WHOLESALE CO-OP.CONSUMER STORES LTD., NO.E 122, KAKKANAD, (RESIDING AT VELIPARAMBIL HOUSE, NEAR RAILWAY STATION, CHOWWARA). 4. V.S. BALAKRISHNAN, S/O. E. SANKARAN NAIR, AGED 68 YEARS, RTD. SALESMAN, ERNAKULAM DISTRICT WHOLESALE CO-OP.CONSUMER STORES LTD., NO.E 122, KAKKANAD, (RESIDING AT SREENILAYAM, KODAPPILLY HOUSE, KAROOR P.O., ALUVA VIA). 5. P.K. RAJAN NAIR, S/O. KUTTAPPAN NAIR, AGED 67 YEARS, RTD. SALESMAN, ERNAKULAM DISTRICT WHOLESALE CO-OP.CONSUMER STORES LTD., NO.E 122, KAKKANAD, (RESIDING AT VRINDAVAN, KAKKANAD P.O., ERNAKULAM). Con.Case(C).No. 436 of 2009(S) 6. N. GOPALAN, S/O. NARAYANAN, AGED 65 YEARS, RETD. CLERK, ERNAKULAM DISTRICT WHOLESALE CO-OP.CONSUMER STORES LTD., NO.E 122, KAKKANAD, (RESIDING AT KARAKKATTU HOUSE, P.J. ANTONY ROAD, PALARIVATTOM, KOCHI - 25). BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH SRI.BRIJESH MOHAN RESPONDENTS/2nd RESPONDENT: ------------------------------------- 1. SRI. N.V. PRADEEPKUMAR, (AGE ANDFATHER'S NAME NOT KNOWN TO THE PETITIONERS), MANAGING DIRECTOR, THE ERNAKULAM DISTRICT WHOLESALE CO-OP, CONSUMER STORE LTD. NO.E 122, KAKKANAD, NEAR CIVIL STATION, KOCHI - 682 030. ADDL. 2. SMT. MAYADEVI, JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), ERNAKULAM. (IMPLEADED AS ADDL. R2 VIDE ORDER DATED 23.02.2010 IN I.A. NO.89 OF 2010 IN COC NO.436/09) R1 BY ADV. SRI.SHERRY J. THOMAS SRI.GEORGE C.VARGHESE R2 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 436 of 2009 and I.A.No. 346 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2011 JUDGMENT Antony Dominic, J. It is alleging non-compliance with the directions in the judgment in W.P.(C) No.17533 of2006, this contempt petition has been filed. 2. In view of the absence of the 1st respondent before this Court, by order dated 31.05.2011, non-bailable warrant of arrest was ordered. Immediately thereafter I.A.No. 346 of 2011 has been filed seeking re-calling of the warrant and the respondent is also present before this Court today. Taking note of the averments in the affidavit filed in support of I.A.No. 346 of 2011, we recall the warrant of arrest ordered as above. 3. As regards the complaint of the petitioner regarding the non-compliance of the directions given by this Court is concerned, it is seen that an amount of `46 lakhs COC No. 436 of 2009 and I.A.No. 346 of 2011 -:2:- have already been paid to the petitioners towards the benefits that are due to them. It is submitted that what remains to be paid is an amount of `2.76 lakhs. 4. Counsel for the respondent submits that having regard to the financial constraints of the Society, the first respondent Society may be permitted to pay the aforesaid balance amount in eight equal monthly instalments. 5. We have heard the counsel appearing for the petitioners and also heard the submissions made at the Bar. Having regard to the circumstances pointed out we are of the view that a reasonable opportunity can be given to the respondents to pay the balance amounts in instalments. 6. In the circumstances, we direct the respondents to pay the balance amount due to the petitioners in 'six equal monthly instalments'; the first of which will be payable on or before 15.06.2011 and the subsequent instalments will be payable on or before 15th of every succeeding month. In case COC No. 436 of 2009 and I.A.No. 346 of 2011 -:3:- this direction is not complied with, it will be open to seek re-opening of the Contempt Case. With the above observation, this Contempt Case is closed. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb COC No. 436 of 2009 and I.A.No. 346 of 2011 -:4:-