IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Con.APP(C).No. 1 of 2008(S) --------------------------- AGAINST THE JUDGEMENT/ORDER IN COC.1536/2007 Dated 14/12/2007 .................... APPELLANT/PETITIONER: --------------------------- MOHINI PAUL, W/O.LATE MATHEW PAUL A-40, VRINDAVAN COLONY, CHEVAYUR KOZHIKODE-673 017 BY ADV. SRI.MILLU DANDAPANI RESPONDENT/RESPONDENT: ----------------------- T.V.SOBHA, AGE AND FATHER'S NAME NOT KNOWN TO THE APPELLANT THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION UNIT, KOZHIIKODE. BY THIS CONTEMPT APPEALS (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & K.HEMA, JJ. -------------------------------------- CONTEMPT APPEAL NO.1 OF 2008 (S) --------------------------------------- Dated this the 3rd day of April, 2008 J U D G M E N T KOSHY,J. By judgment dated 29.5.2007, this Court directed the respondent to take decision in A.R.C.No.2911/2002 - 2003 within four months from the date of production of the copy of the judgment before the 1st respondent. This contempt appeal was filed stating that within the time frame, award was not passed. The respondent passed the award only after filing contempt case and that too after taking one or two adjournments. But the very same learned Single Judge who passed the award found that there is no deliberate contempt even though there was a delay in passing the award. Since the award was passed, we cannot say that there is willfull deliberate attempt on the part of the respondent to disobey the CONT.APPEAL.1/08 2 order of this Court. The 1st respondent ought have passed the award within the time frame fixed by this Court. But that by itself is not a ground to initiate contempt action. Hence, without prejudice to the right of the appellant to challenge the award according to law, this contempt appeal is closed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp CONT.APPEAL.1/08 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. of 2002 ------------------------------------- Judgment Dated:24th March, 2008