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.
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Contempt Case (Civil) No. 1176 of 2010
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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
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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
