Sebastian Jose vs. P.S.Rajeev
Held
The High Court allowed the withdrawal of the contempt petition but imposed a cost of Rs. 25,000/- on the petitioner, noting that the withdrawal seemed suspicious and that both parties had wasted the court's time. The cost was directed to be paid to the Kerala Legal Services Authority.
Facts
A contempt petition was filed alleging non-payment of GST by the respondents as per an earlier High Court judgment, which had been affirmed in appeal. During the contempt proceedings, the petitioner filed an application to withdraw the contempt case, stating disinterest in pursuing it further.
Key Issues
Whether the respondents had disobeyed a previous court order to pay GST, and if the petitioner's request to withdraw the contempt petition should be granted, considering the suspicious circumstances and wastage of judicial time.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944 CON.CASE(C) NO. 453 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 11662/2021 OF HIGH COURT OF KERALA PETITIONER: SEBASTIAN JOSE, AGED 38 YEARS S/O.K.P.JOSE, RESIDING AT KOORAN KALLUKARAN HOUSE, PULLIYANAM P.O,ANGAMALY, ERNAKULAM-683 572 BY ADV Manu Govind RESPONDENTS/2ND & 3RD RESPONDENTS: 1 P.S.RAJEEV AGE AND NAME OF FATHER UNKNOWN TO THE PETITIONER, MANAGING DIRECTOR, THE KERALA LAND DEVELOPMENT CORPORATION LIMITED, TC 11/570, MUSEUM BAINS COMPOUND, KOWDIAR P.O, TRIVANDRUM 695 003. 2 SMT. P.K. SHALINI, AGE AND NAME OF FATHER UNKNOWN TO THE PETITIONER,THE CONSTRUCTION ENGINEER, KLDC LTD., THRISSUR, 28/725, CHEMBUKAVU, NEAR RAMA NILAYAM, THRISSUR 680 020. BY ADVS. M.KABANI DINESH Kumar A P.J.ANILKUMAR(K/265/1988) G.MINI(1748)(K/1748/1995) P.S.SREE PRASAD(K/1181/2009) JOB ABRAHAM (MAH/006468/2007) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 453 OF 2022 2 BECHU KURIAN THOMAS, J. ----------------------------------------- CON.CASE
The judgment continues below.
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