IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Con.Case(C).No. 1203 of 2011(S) ------------------------------ AGAINST THE JUDGMENT IN WPC NO. 24579/2011 DATED 7/09/2011 ............... PETITIONERS / PETITIONERS IN WPC : --------------------------------------------------------- 1. DEVAKI, AGED 97 YEARS, W/O. VASUDEVAN, RANI VILLA, VADASSERIKONAM (PO), THIRUVANANTHAPURAM DISTRICT. 2. P.VYOMAKESHAN, AGED 73 YEARS, S/O. VASUDEVAN, RANI VILLA, VADASSERIKONAM (PO), THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI. R. REJI SMT. THARA THAMBAN SRI.BIPIN B. SMT. REVATHY P. NAIR RESPONDENT / 2ND RESPONDENTS IN THE WPC : ------------------------------------------------------------------------ GEORGE ZACHARIAH, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, WORKING AS AUTHORIZED OFFICER, INDIAN OVERSEAS BANK, VARKALA BRANCH, THIRUVANANTHAPURAM DISTRICT - 695141. BY ADV. SRI.LEO GEORGE, SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- Con.Case(C).No. 1203 of 2011(S) APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE-I: CERTIFIED COPY OF THE JUDGEMENT IN WPC NO. 24579/2011 DATED 7.9.2011 ANNEXURE-II: TRUE COPY OF THE REPRESENTATION DATED 22.9.2011 ANNEXURE-III: TRUE COPY OF THE CHEQUE IN FAVOUR OF THE RESPONDENT BANK DATED 22.9.2011 ANNEXURE-IV TRUE COPY OF THE REPRESENTATION DATED 3.10.2011 ANNEXURE-V TRUE COPY OF THE CHEQUE IN FAVOUR OF THE RESPONDENT BANK DATED 3.10.2011 FOR AN AMOUNT OF RS.15,53,864/- ANNEXURE-VI TRUE COPY OF STATEMENT OF ACCOUNT FROM 1.9.2008 TO 10.7.2010 ANNEXURE-VII TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 18.10.2011 RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn S.SIRI JAGAN, J. ================== Contempt Case (C).No. 1203 of 2011 ================== Dated this the 18th day of November, 2011 J U D G M E N T This contempt case is filed by the petitioners complaining that the directions in Annexure I judgment have not been complied with. The directions in the said judgment read thus: “3. Having heard both sides, I dispose of this writ petition with the following directions: The respondents 1 to 3 shall allow the petitioners to pay off the amount in two instalments payable on 01.10.2011 and 01.11.2011. If the petitioners pay the instalments on the said dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any of the two instalments, it would be open to the respondents 1 to 3 to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. On payment of the amounts due, the title deeds of the properties of the petitioners shall be returned to them promptly. I also express my displeasure in the respondents 1 to 3 publishing the photographs of the petitioners also in Ext.P2 advertisement regarding the sale of the properties mortgaged. The respondents 1 to 3 shall refrain from repeating the same in future.” 2. The contention is that the title deeds of the proprieties of the petitioners have not been returned to them despite paying off the entire amounts. 3. On 9.11.2011, I passed the following order: “The learned counsel for the bank submits that the petitioners have paid off the entire amounts, but the documents have been filed before the D.R.T. in proceedings pending before that Tribunal. It is further submitted that a memo has been filed for return of documents and the delay is in the matter of return of documents by the D.R.T. The bank shall produce a copy of Annexure A1 judgment before the D.R.T. and request the D.R.T. to release the documents urgently and report the result to this court within a week. Post after a week.” c.o.c.1203/11 - : 2 :- The learned counsel for the bank now submits that pursuant to the said order, the documents have been returned by the Debts Recovery Tribunal and the petitioners can collect the same from the bank on Monday. This is recorded and the contempt case is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge