IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Con.Case(C).No. 1241 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5333/2009 Dated 29/06/2009 .................... PETITIONER(S): PETITIONER ------------------------- POOVARANY SERVICE CO-OPERATIVE BANK LTD. NO.2882,POOVARANY P.O.,KOTTAYAM, REPRESENTED BY ITS SECRETARY, RAJAGOPALAN NAIR K.S.,S/O.SIVARAMAN NAIR, AGED 50 YEARS. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): /RESPONDENTS ------------------------------------- 1. S.RATNAKUMARAN,S/O.S.SREEDHARAN, AGED 52 YEARS,MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD.,KOCHI. 2. T.H.MUSTAFA, FATHER'S NAME NOT KNOWN TO THE PETITIONER,AGED 67,PRESIDENT, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., GANDHI NAGAR,KOCHI-20. 3. NITYANANDAN V.K.,FATHER'S NAME NOT KNOWN TO THE PETITIONER,AGED NOT KNOWN TO THE PETITIONER, FINANCE MANAGER,KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., GANDHI NAGAR,KOCHI-20. ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R1 SRI.T.RAMPRASAD UNNI FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- COC No.1241 of 2009 --------------------------------- Dated, this the 3rd day of March, 2010 J U D G M E N T The allegation in the Contempt of Court Case is that the judgment in WP(C) No.5333/2009, which has been confirmed by the Division Bench of this Court by dismissing W.A.No.1597/2009, directing payment of the amount due to the petitioner is not complied with. 2. Admittedly, there is non-compliance. During the pendency of this proceedings, Rs.5 lakhs has been paid to the petitioner and the said payment is acknowledged by the counsel for the petitioner. When the matter came up today for orders, explaining financial constraints faced by the Kerala State Co- operative Rubber Marketing Federation, the learned counsel appearing for the respondents undertake that the balance amount due to the petitioner will be paid within six months from 16/02/2010. Though reluctantly, the learned counsel for the petitioner accepts this offer. COC No.1241/2009 -2- In view of the above, recording the undertaking given on behalf of the respondents and directing that the payment shall be made within six months from 16/02/2010 as undertaken, this Contempt of Court Case is closed, with liberty to the petitioner to approach this Court again, if there is non-compliance. (ANTONY DOMINIC, JUDGE) jg