IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Con.Case(C).No. 1176 of 2010(S) ------------------------------- AGAINST THE JUDGEMENT IN WA.1022/2010 Dated 23/07/2010 .................... PETITIONER/APPELLANT: --------------------------- MOLY.C.I, AGED 58 YEARS, W/O.FR.GEORGE MATTAM, MATTATHIL VEEDU, CHUVANNAMANNU, THRISSUR. BY ADV. SRI.BIJU ABRAHAM RESPONDENT/1ST RESPONDENT: ------------------------------------ MR.A.V.JOJU, S/O.A.V.VARU, AGED ABOUT 36 YEARS, THE SECRETARY IN CHARGE THE PANANCHERRY SERVICE CO-OPERATIVE BANK, PANANCHERRY PATTIKADU, THRISSUR-680 652. BY ADV. SRI.P.N.MOHANAN THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 1176 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2010 JUDGMENT Ramachandra Menon, J. This Contempt Case has been preferred by the petitioner stating that the direction contained in the judgment with regard to the payment of the retirement benefits of the petitioner has not been complied with. 2. The learned counsel for the petitioner submits that, in spite of the offering sufficient security as directed (in view of the pending litigation to recover the alleged loss from the petitioner), the same was never accepted and acted upon by the Bank which made the petitioner to approach this Court by filing this petition. 3. An affidavit has been filed from the part of the respondent stating that the allegation is not correct and that pursuant to the subsequent developments, the security offered by the petitioner has been accepted and the eligible amount has been disbursed to the petitioner. It is also stated in CCC No. 1176 of 2010 -:2:- paragraph 2 of the said affidavit dated 06.10.10 that, there is a calculation error with regard to the amounts payable to the petitioner and that a further sum of `9,328.48 liable to be paid was omitted because of the over sight, which is stated as satisfied. It is also pointed out that a sum of `13,363/- is lying at the hands of the Welfare Fund Board and the Bank has recommended the same to be disbursed to the petitioner. Similarly, with regard to the fixed deposit of `1,000/- furnished as security by the petitioner at the time of joining duty, it is stated that, that the said amount can be collected by her directly from the District Co-operative Bank, Thrissur and the respondent has already informed the District Co-operative Bank about the retirement of the petitioner. Taking note of the above facts and figures as narrated in the affidavit of the respondent and the reply affidavit dated 11.11.2010 filed by the petitioner, this Court finds that no further proceedings are necessary in the contempt matter and the same is closed accordingly. The respondent shall take all further steps, CCC No. 1176 of 2010 -:3:- so as to facilitate disbursement of the amounts due to the petitioner as pointed out in paragraphs 2 and 3 of the affidavit dated 06.10.2010 forthwith. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb