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Kerala High Court
Moly.C.I vs Mr.A.V.Joju on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1176 of 2010(S)


1. MOLY.C.I, AGED 58 YEARS,
                      ...  Petitioner

                        Vs



1. MR.A.V.JOJU, S/O.A.V.VARU,
                       ...       Respondent

                For Petitioner  :SRI.BIJU ABRAHAM

                For Respondent  :SRI.P.N.MOHANAN

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :20/12/2010

 O R D E R
   J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
          - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            Contempt Case (Civil) No. 1176 of 2010
          - - - - - - - - - - - - - - - - - - - - - - - - - - - -
           Dated this the 20th day of December, 2010

                             JUDGMENT

Ramachandra Menon, J.

This Contempt Case has been preferred by the

petitioner stating that the direction contained in the judgment

with regard to the payment of the retirement benefits of the

petitioner has not been complied with.

2. The learned counsel for the petitioner submits

that, in spite of the offering sufficient security as directed

(in view of the pending litigation to recover the alleged loss

from the petitioner), the same was never accepted and acted

upon by the Bank which made the petitioner to approach this

Court by filing this petition.

3. An affidavit has been filed from the part of the

respondent stating that the allegation is not correct and that

pursuant to the subsequent developments, the security offered

by the petitioner has been accepted and the eligible amount

has been disbursed to the petitioner. It is also stated in

CCC No. 1176 of 2010
-:2:-

paragraph 2 of the said affidavit dated 06.10.10 that, there is a

calculation error with regard to the amounts payable to the

petitioner and that a further sum of `9,328.48 liable to be paid

was omitted because of the over sight, which is stated as

satisfied. It is also pointed out that a sum of `13,363/- is lying

at the hands of the Welfare Fund Board and the Bank has

recommended the same to be disbursed to the petitioner.

Similarly, with regard to the fixed deposit of `1,000/- furnished

as security by the petitioner at the time of joining duty, it is

stated that, that the said amount can be collected by her directly

from the District Co-operative Bank, Thrissur and the respondent

has already informed the District Co-operative Bank about the

retirement of the petitioner.

Taking note of the above facts and figures as narrated

in the affidavit of the respondent and the reply affidavit dated

11.11.2010 filed by the petitioner, this Court finds that no further

proceedings are necessary in the contempt matter and the same

is closed accordingly. The respondent shall take all further steps,

CCC No. 1176 of 2010
-:3:-

so as to facilitate disbursement of the amounts due to the

petitioner as pointed out in paragraphs 2 and 3 of the affidavit

dated 06.10.2010 forthwith.

J.Chelameswar,
Chief Justice.

P.R.Ramachandra Menon,
Judge.

ttb


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