M/S EMIRATES CEMENTS INDIA PVT.LTD. v. T.G.ULLAS KUMAR
RP/385/2025 · 2025-03-27
Devan Ramachandran
Review Petitionbody2025
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[ 2025 DAILYLAW 4662 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4662 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:26626 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 RP NO. 385 OF 2025
JUDGMENT DATED 01.10.2024 ARISING FROM : Con.Case(C) NO.468/2024 REVIEW PETITIONER/CONTEMPT PETITIONER:
M/S EMIRATES CEMENTS INDIA PVT.LTD.
VENGARA, MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER, THOMAS, S/O MATHEW, RESIDING AT PLOT NO.45, PANORAMA RESIDENCY, KUMARANASAN ROAD, KALOOR, ERNAKULAM DISTRICT., PIN – 682017.
BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS/RESPONDENTS IN THE CONTEMPT CASE: 1 T.G.ULLAS KUMAR AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER, MANAGING DIRECTOR, M/S THE TRAVANCORE CEMENTS LIMITED, NATTAKOM P.O., KOTTAYAM., PIN – 686013. 2 THE SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN – 695033.
SMT LATHA ANAND-SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:26626 RP NO.385/2025 in Con.Case(C)No.468/2024 -2-
ORDER
Sri.Sajeev Kumar K.Gopal – learned counsel for the petitioner, asserts that what this Court has recorded in the judgment dated 01.10.2024 - which, in turn, was based on the submission made by him - is not correct. He apologized for the inconvenience caused, saying that when he made
submissions before this Court, he was under the bona fide impression that his client had received all the benefits as ordered; but that, subsequently, when the accounts were verified by him, it was found to be otherwise. He, therefore, prayed that the judgment be reviewed and the contempt case be restored.
2. The above assertions are not opposed by the learned counsel for the respondents; but vehemently asserted that, on merits, what is now being stated is not true and all amounts have
2025:KER:26626 RP NO.385/2025 in Con.Case(C)No.468/2024 -3- been paid. In the afore circumstances,I allow this petition and recall the judgment dated 01.10.2024 in Con.Case(C)No.468/2024. Consequently, the contempt case will stand restored, and the Registry will list it for appropriate orders before the Judge in roster. Sd/- DEVAN RAMACHANDRAN JUDGE akv
2025:KER:26626 RP NO.385/2025 in Con.Case(C)No.468/2024 -4- APPENDIX OF RP 385/2025 PETITIONER ANNEXURES ANNEXURE -1 TRUE COPY OF THE LEDGER ACCOUNT FOR THE PERIOD FROM 1ST APRIL 2023 TO 30- 09-2024 WITH RESPECT TO THE TRANSACTION BETWEEN EMIRATE CEMENTS PVT. LTD., PALAKKAD AND TRAVANCORE CEMENTS INDIA LTD. DATED NIL ANNEXURE -2 TRUE COPY OF THE INTEREST CALCULATION ON RECEIVABLE FROM TRAVANCORE CEMENTS PREPARED BY THE PETITIONER DATED NIL