IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Con.Case(C).No. 759 of 2008(S) ------------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.490/2007 Dated 03/01/2008 PETITIONER/PETITIONER IN W.P.(C) 490/2007 : ----------------- B.S.SANJEEV, APPRAISER, S/O.BALAN AGED 47 YEARS MATTANCHERRY SARVAJANIC CO.OP.BANK LTD.,3284 COCHIN-1 BY ADV. SRI.P.P.JACOB RESPONDENT: --------------------- V.MURALI, S/O.G.V.PRABHU, AGED 52 YEARS, REP. BY SECRETARY/MANAGING DIRECTOR, MATTANCHERRY SARVAJANIC CO.OP.BANK LTD.3284, COCHIN-1 BY ADV. SRI.T.A.RAJAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------------------------------------- Contempt Case (C) No.759 OF 2008 (S) --------------------------------------------------------------------- Dated this the 16th day of September, 2008 J U D G M E N T Annexure I judgment was appealed against unsuccessfully by the bank before the Division Bench. The Hon'ble Supreme Court has now granted leave to the bank to appeal against that Judgment - SLP (C) No.20080/2008 and has granted an interim order of stay of the direction for payment of emoluments for any retrospective period by order dated 25-8-2008. For the aforesaid reasons, there is no reason to assume that the respondent will not give effect to the judgment, except to the extent covered by the order of stay granted by the Hon'ble Supreme Court. However, as of now, it will be improper to assume that there is willful default in obeying the directions, since, the respondent would have allowed reasonable time to comply with the judgment, subject Cont.Case (C) No.759/2008 - 2 - to the interim order granted by the Hon'ble Supreme Court. Hence, without prejudice to the aforesaid and without prejudice to the petitioner's right to move for any demonstrated contempt at a later point of time, this Contempt of Court Case is closed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/16/9 // True copy // P.A. to Judge.