Sasi Pathirakunnath vs. Biju Zacharia

Con.Case(C)/1144/2023HC KeralaGSTCNR KLHC01039210202301 August 2023Bench: HONOURABLE MR. JUSTICE A. BADHARUDEEN6 pages

For Respondent: SPL SPL GP MUHAMMED RAFEEQ

AI SummaryDismissed

Held

The High Court held that there was no willful violation of its interim order. The respondent explained that the Appellate Forum to challenge the order was not yet established, and they subsequently filed a new writ petition in lieu of an appeal, which stayed the operation of the original order.

Facts

The petitioner filed a contempt case alleging the respondent failed to comply with an interim High Court order. The order directed the respondent to either consider a prayer in a writ petition or file an appeal against an order (Ext.P3) within three weeks.

Key Issues

The key legal issue was whether the respondent's failure to comply with an interim court order, specifically regarding filing an appeal or considering a prayer, constituted willful contempt of court, considering the non-availability of the Appellate Forum.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 CON.CASE(C) NO. 1144 OF 2023 AGAINST THE ORDER/JUDGMENTWP(C) 15006/2023 OF HIGH COURT OF KERALA PETITIONER/S: SASI PATHIRAKUNNATH AGED 55 YEARS PROPRIETOR, A ONE GOLD, TC-26/289-1, MYLIPADAM, CHEMBUKKAVU P O; THRISSUR DISTRICT., PIN - 680020 BY ADV TOMSON T.EMMANUEL RESPONDENT/S: BIJU ZACHARIA AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER, WORKING AS THE ENFORCEMENT OFFICER, ENFORCEMENT SQUAD NO.1, STATE GOODS AND SERVICES TAX DEPARTMENT, THEVARA, COCHIN., PIN - 682015 OTHER PRESENT: SPL SPL GP MUHAMMED RAFEEQ THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con. Case (C) No. 1144 of 2023 ..2..

Dated this the 01st day of August, 2023 Heard the learned counsel for the petitioner as well as the learned Special Government Pleader, Muhammed Rafeeq appearing for the State.

The learned counsel for the petitioner submitted that, as per Annexure A1 order, this court gave interim direction to the respondent to consider the first prayer in the

The judgment continues below.

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