IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Con.Case(C).No. 1259 of 2008(S) ------------------------------------------------------- AGAINST THE JUDGEMENT IN WA.1220/2008 DATED 12/06/2008 .................... PETITIONER/IST RESPONDENT: --------------------------------------------- K.R.JAGADAMMA, W/O.KARUNAKARAN, AGED 58 YEARS, BRANCH MANAGER (RETIRED), KOTTAYAM DISTRICT CO-OPERATIVE BANK, ERATTUPETTA BRANCH, KOTTAYAM, RESIDING AT PURAKATTUVEEDU, CHOONDACHERY P.O., KOTTAYAM. BY ADV. SMT.REKHA VASUDEVAN. RESPONDENT/APPELLANT: --------------------------------------- ROY ABRAHAM, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, GENERAL MANAGER, KOTTAYAM DISTRICT CO.OPERATIVE BANK LIMITED, DISTRICT CO-OPERTIVE BANK BUILDINGS, P.B.NO.140, KOTTAYAM-686 001. BY ADV. SRI.T.A.SHAJI. THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- Cont. Case(C) No.1259 of 2008-S ------------------------------------------ Dated, this the 2nd day of September, 2008 JUDGMENT H.L.Dattu, C.J. Pursuant to the direction issued by us, the respondent/contemnor is present before the Court. (2) This Court while disposing of W.A.No.1220 of 2008 by its orders dated 12th June, 2008 had directed the respondent Bank to release the retirement benefits of the petitioner without prejudice to take arbitration proceedings, if they so desire, pursuant to the audit objections raised by the auditors of the Bank. (3) The petitioner has produced before us the orders passed by the respondent Bank dated 11.7.2008. In that they have deducted a sum of Rs.17,447/- said to be due from the petitioner to the Bank in view of the objection of the auditors. (4) Having perused the aforesaid order passed by the respondent Bank, we thought it fit to have the respondent before us to hear him before we frame charges for the wilful and deliberate disobedience of the orders and directions issued by this Court. (5) Today, an affidavit is filed before us by the respondent stating that they have paid a sum of Rs.17,447/- that was payable to the Cont. Case (C)No.1259 of 2008 2 petitioner pursuant to the direction issued by this Court. The respondent has also offered an unconditional apology. (6) Accepting the unconditional apology offered by the respondent, in our opinion, we need not have to proceed further in this matter. Accordingly, we drop this contempt proceedings. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns