IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Con.Case(C).No. 1202 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.16033/2008 Dated 16/06/2008 .................... PETITIONER(S): --------------- HONEY PRASANTH, AGED 32, W/O. PRASANTH, NO.5 KARVIN APARTMENTS, KUNNUPURAM, KAKKANAD, KOCHI. BY ADV. SRI.K.ANAND RESPONDENT(S): RESPONDENT NO.3 ------------------------------ BIJU THOMAS, AGED 36, COLLECTION MANAGER, M/S. KOTAK MAHINDRA PRIMUS LTD., 5TH FLOOR, THADIKKARAN CENTRE, PALARIVATTOM, ERNAKULAM. ADV. SRI.S.GOPAKUMARAN NAIR (SR.) FOR R1 SRI.M.CHANDRA BOSE FOR R1 SRI.M.A.JOSEPH MANAVALAN FOR R1 GOVT. PLEADER SRI. AMJAD ALI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Cont. Case © No.1202 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2008 O R D E R This proceedings in contempt is initiated against the respondent herein on the allegation that the specific direction issued by this Court on 16.6.08 that he shall not transfer title or possession in respect of the vehicle KL 07 BE 3 – Skoda Octavia car is not complied with. It had come out in the proceedings in W.P.C. 16033 of 2008 that even after coming to know of the said interim orders passed by this Court, the respondent/alleged contemnor had obtained from the R.T.O. fresh registration certificate in respect of the vehicle in his name and had handed over the same to another for effecting transfer of title. 2. All the disputes between the parties in W.P.C. 16033 of 2008 have been settled and the respondent herein has filed an affidavit expressing unconditional apology for the indiscretion committed by him. It is submitted that the same was done Cont. Case © No.1202 of 2008 2 without being conscious of the nuances of law, as according to him long earlier arrangements for transfer had already been made. 3. Be that as it may, notwithstanding the fact that the explanation does not convince me, I am satisfied that in the light of the settlement of disputes and expression of unconditional apology, it is not necessary for this Court to continue with this proceedings in contempt. The proceedings in contempt cannot be the daily diet and can only be the medicine of law. I am, in these circumstances, satisfied that further proceedings need not be continued in this contempt case and the same can be dismissed, as agreed by the parties also. 4. This Contempt case is, in these circumstances, dismissed with the above observations. (R. BASANT) Judge tm Cont. Case © No.1202 of 2008 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Cont. Case © No.1202 of 2008 & W.P.C.No. 16033 of 2008 H - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of October, 2008 O R D E R I have heard the counsel in part. Prima facie I am now satisfied that there is gross contempt committed. There shall be a direction to respondents 3, 6 and 7 to ensure that the vehicle is surrendered before the learned C.J.M. Ernakulam by 3 p.m. on 20.10.2008. Call this petition again on 20.10.2008 at 3 p.m. 2. It shall then be reported to this Court by respondents 3, 6 and Cont. Case © No.1202 of 2008 4 7 that the direction has been complied with by that time. The contemnor/R3 shall appear in person before Court on that day. The learned C.J.M. shall ensure that the vehicle is taken into custody and kept in the possession of the Court until further orders. 2. Hand over copy of the order to the counsel for respondents 3, 6 and 7. Inform the learned C.J.M. of the order and communicate a copy forthwith. (R. BASANT) Judge tm