K.V.Nandakumar vs The Federal Bank Ltd on 27 August, 2009

[Cites 1, Cited by 1]

Kerala High Court

K.V.Nandakumar vs The Federal Bank Ltd on 27 August, 2009

Bench: S.S.Satheesachandran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24860 of 2009(O)


1. K.V.NANDAKUMAR,
                      ...  Petitioner

                        Vs



1. THE FEDERAL BANK LTD,
                       ...       Respondent

2. P.K.SATHEESH,

3. THE EXECUTIVE DIRECTOR,

4. A.O.PETER, S/O.OUSEPH, AGED 53,

                For Petitioner  :SMT.R.RANJINI

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :27/08/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
            W.P.(C).No.24860 OF 2009
           --------------------------
     Dated this the 27th day of August 2009
     -------------------------------------


                     JUDGMENT

The writ petition is filed seeking the following reliefs.

i) Issue a writ of mandamus or direction to the VIth District Court, Ernakulam to issue carbon copy of the judgment in A.S No.48 of 2009 dated 24/08/2009, as emergently as possible, so as to facilitate the petitioner to prefer appeal against the said judgment.

ii) Issue an order of temporary injunction restraining the respondents herein from conducting domestic enquiry initiated as per order dated 09/04/2007of the disciplinary authority ie, W.P.(C).No.24860 OF 2009 Page numbers the 3rd respondent, till the culmination of the trial in criminal case pending against the petitioner as crime No. 119/2007 of the Central Police Station, Ernakulam, on the file of the Chief Judicial Magistrate Court, Ernakulam.

iii) Issue such other reliefs that may be deemed fit and necessary by this Hon'ble Court, in the facts and circumstances of the case.

iv) Allow this writ petition with costs.

2. Petitioner is the plaintiff in O.S No.369/2007 on the file of the 2nd Additional Sub Court, Ernakulam. Suit was for permanent prohibitory injunction to restrain the respondents from conducting domestic enquiry against the petitioner till the culmination of the trial in a criminal case registered against him in respect of W.P.(C).No.24860 OF 2009 Page numbers the matter covered by that enquiry. The trial court granted a decree of permanent prohibitory injunction. Respondents preferred an appeal as A.S No. 48 of 2009 before 6th Additional District Court, Ernakulam. The appellate court after hearing both sides and reappreciating the materials tendered in the case had reversed the decree passed by the court below. The writ petition is filed seeking the aforementioned reliefs invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India.

3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. The appellate court is directed to supply carbon copy of the judgment in A.S No.48/09 dated 24/08/09 within a W.P.(C).No.24860 OF 2009 Page numbers span of two weeks from the date of production of a copy of this judgment, if applied for. The other reliefs canvassed by the petitioner, in the writ petition in the given facts of the case, I find cannot be entertained. Writ petition is disposed as indicated. Hand over a copy of the judgment to the counsel on usual terms.

Sd/-

S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv

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