IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Con.Case(C).No. 117 of 2008(S) ------------------------------------------- ARISING OUT OF THE ORDER IN WPC.17155/2007 Dated 05/12/2007 .................... PETITIONER/PETITIONER: -------------------------------------- THE FACT MANAGERIAL STAFF HOUSE CONSTRUCTION CO-OPERATIVE SOCIETY LTD.NO.E243, SANTHI NAGAR ANNEXE, RAJAGIRI P.O., SOUTH KALAMASSERY - 683 104, KERALA STATE, REP. BY ITS SECRETARY, PARAMESWARANKUTTY MENON, AGED 52 YEARS, S/O.K.P.KRISHNANKUTTY MENON. BY ADV. SRI.P.SANTHALINGAM SRI.S.SHARAN RESPONDENT/RESPONDENT: ------------------------------------------- P.N.THAKUR, AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME .NOT KNOWN TO THE PETITIONER, THE SECRETARY, BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION, JAWAHAR VYAPARA BHAVAN, 1, TOLSTOY MARG, 9TH FLOOR ANNEXE, NEW DELHI - 110 001. BY ASSISTANT SOLICITOR GENERAL MR.P.PARAMESWARAN NAIR THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ Cont. Case (C) No.117 of 2008 ------------------------------------------ Dated, this the 25th day of January, 2008 JUDGMENT H.L.Dattu, C.J. Allegation in this complaint is that though there was a direction issued by this Court to the respondent to produce the records of the proceedings in Case No.173/89 or to make available the same through the Assistant Solicitor General, the respondent has not produced the records and therefore, according to the complainant, the respondent has disobeyed the orders and directions issued by this Court on 5.12.2007. 2. In our opinion, we need not have to take cognizance of this complaint for the reason that if the respondent could not produce the records as directed by this Court, the Court can take an adverse inference and pass appropriate orders in the matter. 3. In view of the above, we refuse to take cognizance of this complaint. Accordingly the contempt case is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns