K.T.Francis vs Sri.Gopala Krishna Pillai on 12 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 659 of 2007(S)


1. K.T.FRANCIS, S/O.LATE THOMAS,
                      ...  Petitioner

                        Vs



1. SRI.GOPALA KRISHNA PILLAI,
                       ...       Respondent

                For Petitioner  :SRI.WILSON URMESE

                For Respondent  :SRI.V.M.KURIAN,SC FOR ANGAMALAY MUNCPTY.

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :12/07/2007

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                 Cont. Case (C).No.659 OF 2007
                   -------------------------------------------
               Dated this the 12th day of July, 2007


                               JUDGMENT

This case is filed on the allegation that amounts due to the

petitioner under a contract have not been fully released

following the directions contained in Annexure A1 judgment.

The contention of the respondent that a vigilance case was

pending no more survives in view of the facts noticed in para (2)

of that judgment. But, it is the assertion of the respondent in the

counter affidavit that an amount of Rupees Six Lakhs, claimed as

tender excess, cannot be paid because such a claim is on the

basis of market rated items while, according to the petitioner,

the items referred are tendered items. I do not deem it

appropriate to adjudicate any such controversy within the

province of jurisdiction under the Contempt of Courts Act. I do

not find any wilful disobedience of the directions contained in

the judgment.

COC.659/07

Page numbers

The contempt case is hence close without prejudice to the

right of the petitioner to work out his remedies before the

appropriate forum or to amicably settle the matter with the

respondent.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.