K. Subramania Pillai vs S. Chandrasekar

P.R. Ramachandra Menon, J.—As per the judgment dated 09.07.2009 in W.A. 1218 of 2007, the respondents were directed to fix the benefit payable to the petitioner and to have it disbursed as specified therein. The contention of the petitioner is that, since the respondent has not given effect to the said verdict till date, the petitioner is constrained to approach this Court again by filing the present contempt matter.

The respondent has filed counter affidavit rebutting the averments and allegations and also producing copies of the relevant documents as Exts. R1 (a) to R1(d). The learned Counsel for the respondent submits that the due amount of Rs. 62,252/- payable to the petitioner has already been disbursed, as borne by Ext. R1(d).

The learned Counsel for the petitioner submits that, much higher amount is due to the petitioner. The learned Counsel however submits that, the matter could be closed, without prejudice to the rights and liberties of the petitioner to dispute the correctness of the amount by way of appropriate proceedings.

In the above circumstances, we do not find it necessary to proceed with the contempt matter. Accordingly, the same is closed, without prejudice to the rights and liberties of the petitioner as above.