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2025 DAILYLAW 7913 (KER)

SHANMUGHAN N. v. SHAMEER DAVOOD

Con.Case(C)/2272/2023 · 2025-01-29

Raja Vijayaraghavan V

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945 CON.CASE(C) NO. 2272 OF 2023 AGAINST THE ORDER IN IA NO.1/2022 IN WP(C) NO.37312/2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER/1ST RESPONDENT : SHANMUGHAN N. AGED 50 YEARS. SON OF NARAYANASWAMI, RESIDING AT KAMAKSHI HOUSE, ALACHANKODAM, CHITTUR COLLEGE P.O., PALAKKAD., PIN - 678104 BY ADVS. B.ASHOK SHENOY P.S.GIREESH SALIH P.A. ARJUN R NAIK THEJALAKSHMI R.S. UMASANKER U.U. RESPONDENT/1ST RESPONDENT/PETITIONER : SHAMEER DAVOOD AGED 47 YEARS, SON OF DAVOOD SAHIB, MANAGING DIRECTOR, SUNPOWER CEMENTS COMPANY PRIVATE LIMITED, VICE PARK, KANJIKODE, PALAKKAD., PIN - 678621 BY ADVS. SANDHYA E.S.(K/2568/1999) SRI. M R RAJESH, FOR PARTY RESPONDENT THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Cont. Case (C) No.2272 of 2023 2 JUDGMENT When the matter is taken up for consideration, Sri. B. Ashok Shenoy, the learned counsel appearing for the petitioner, submitted that his party has received a copy of the affidavit filed by the respondent. It is submitted by the learned counsel that the petitioner is agreeable to the offer made in the affidavit that he shall be reinstated in service forthwith, and the amounts due to him would be paid within a period of four months. However, the learned counsel submits that the order of reinstatement has not been served and he has not been reinstated to-date. 2. Sri. M R Rajesh, the learned counsel appearing for the respondent, submits that the order of reinstatement of the petitioner has been issued, and a copy of the same shall be furnished to the learned counsel appearing for the petitioner before the end of the day. This Contempt Case is accordingly closed, recording the undertaking given in the affidavit dated 7.12.2023. However, it is made clear that it would be open to the petitioner to file an application seeking to reopen the Contempt Case, if the undertaking is not honoured. Sd/- RAJA VIJAYARAGHAVAN V, NS JUDGE Cont. Case (C) No.2272 of 2023 3 APPENDIX OF CON.CASE(C) 2272/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF ORDER DATED 13.03.2023 IN I.A.NO.1 OF 2022 IN W.P.(C) NO.37312 OF 2022 PASSED BY THIS HON'BLE COURT. Annexure A2 TRUE COPY OF REGISTERED A/D LETTER NO.SLA/C - 56/2023 DATED 14.03.2023 SENT BY PETITIONER'S COUNSEL TO RESPONDENT. Annexure A3 TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD DATED 17.03.2023 SIGNED BY RESPONDENT. Annexure A4 TRUE COPY OF ORDER DATED 12.05.2023 IN I.A.NO.1 OF 2023 IN W.P.(C) NO.37312 OF 2022 PASSED BY THIS HON'BLE COURT Annexure A5 TRUE COPY OF LAWYER'S NOTICE NO.SLA/H - 132/2023 DATED 16.08.2023 SENT BY PETITIONER'S COUNSEL TO RESPONDENT. Annexure A6 TRUE COPY OF POSTAL ACKNOWLEDGMENT DATED 18.8.2023 SIGNED BY RESPONDENT.