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Judgment
29 paragraphs · 459 wordsWe have heard counsel appearing for the petitioner who has submitted that despite several earlier orders passed by this Tribunal and settlement arrived at between the parties to this litigation, the respondent has not paid the legally payable amount neither as per order nor as per settlement and, therefore, several orders have been passed by this Tribunal one after another including Non-Bailable Warrant issued upon Mr. Pullikkodan Joseph Antony.
It is submitted by the counsel for the petitioner that the respondent is avoiding the execution of the Non-Bailable Warrant and they are making the payment of legally payable amount as per the orders passed by this Tribunal even after settlement of the disputes between the parties.
Counsel appearing for the respondent submitted that they are accepting the default in payment but the respondent has financial difficulties.
Counsel appearing for the respondent submitted today that they have paid Rs.2 Lakhs to the petitioner.
Having heard the counsels for both the sides and looking to the orders passed by this Tribunal and also looking the settlement arrived at between the parties to this litigation, the respondent has committed a breach of settlement as well as orders passed by this Tribunal.
We have, therefore, issued Non-Bailable Warrant vide order dated 1.9.2023 upon Mr. Pullikkodan Joseph Antony. The same has not been served upon the person to be arrested.
We, therefore, request :-
i. Secretary Home, State of Kerala;
Address: Office Room No: 532 3rd Floor,
South Sandwich Block Secretariat Thiruvananthapuram Kerala
ii. Director General of Police, State of Kerala and
Address: State Police Headquarters, Vellayambalam,
Thiruvananthapuram, Kerala 695010
iii. City Police Commissioner of Kochi, State of Kerala
Address: Pattalam Road, In front of Town East Police Station,
Sakthan Thampuran Nagar, Veliyannur, Thrissur, Kerala 680001
to execute the Non-Bailable Warrant issued by this Tribunal upon Mr. Pullikkodan Joseph Antony, Director of the respondent as per order dated 1.9.2023.
Registry is hereby directed to send the copies of orders passed by this Tribunal dated 25.11.2022, 9.5.2023 and 1.9.2023 as well as today’s order to :-
i. Secretary Home, State of Kerala;
Address: Office Room No: 532 3rd Floor,
South Sandwich Block Secretariat Thiruvananthapuram Kerala
ii. Director General of Police, State of Kerala and
Address: State Police Headquarters, Vellayambalam,
Thiruvananthapuram, Kerala 695010
iii. City Police Commissioner of Kochi, State of Kerala
Address: Pattalam Road, In front of Town East Police Station,
Sakthan Thampuran Nagar, Veliyannur, Thrissur, Kerala 680001
We expect from the aforesaid authorities that the order of Non-Bailable Warrant shall be executed by the subordinate Police Officers at the earliest and he shall be produced before this Tribunal on the next date of hearing at 11 AM.
The matter is, therefore, adjourned to 26.4.2024.
