Kerala High Court
Marriott Hotels India Private Limited vs Gods Own Country Health Resorts ... on 5 January, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 5th day of January 2024 / 15th Pousha, 1945
CONTEMPT CASE(C) NO. 1945 OF 2023(S) IN OP(C) 1471/2023
PETITIONER/RESPONDENT:
MARRIOTT HOTELS INDIA PRIVATE LIMITED, 303/304, 3RD FLOOR,
HIRANANDANI FULCRUM, SAHAR ROAD, ANDHERI EAST VILE PARLE (E),
MUMBAI, MAHARASHTRA - 400 099, INDIA,
REPRESENTED BY ITS SENIOR DIRECTOR (ASSET MANAGEMENT),
KRISHNAN AGGARWAL, SON OF DAYA CHAND AGGARWAL.
BY ADVOCATES M/S. SANTHOSH MATHEW, ARUN THOMAS, VEENA RAVEENDRAN,
ANIL SEBASTIAN PULICKEL, MATHEW NEVIN THOMAS, ABI BENNY AREECKAL,
SHINTO MATHEW ABRAHAM & KURIAN ANTONY MATHEW.
RESPONDENTS/PETITIONER:
1. GOD'S OWN COUNTRY HEALTH RESORTS INTERNATIONAL PRIVATE LIMITED,
T.C. 25/1572(5), 2ND FLOOR, AIROLINK TOWER, NATHANCODE,
THIRUVANANTHAPURAM, KERALA - 695 033, INDIA, REPRESENTED BY ITS
DIRECTOR.
2. SMT.TESSY, AGED 49 YEARS, W/O. ROJI M.A, DIRECTOR, GOD'S OWN
COUNTRY HEALTH RESORTS INTERNATIONAL PRIVATE LIMITED, T.C.
25/1572(5), 2ND FLOOR, AIROLINK TOWER, NATHANCODE,
THIRUVANANTHAPURAM, KERALA - 695 033, INDIA.
ADVOCATES M/S. UNNIKRISHNAN C, NIDHI BALAKRISHNAN, ANANDA PADMANABHAN,
VIJAYKRISHNAN S. MENON, VIVEK NAIR P., GOUTHAM KRISHNA U.B., UTHARA A.S.
FOR R1
ADVOCATES M/S.M.P. ASHOK KUMAR, BINDU SREEDHAR & ASIF N FOR R2
This Contempt of court case (civil) having come up for orders on
05.01.2024, the court on the same day passed the following:
P.T.O.
C.S.DIAS,J.
====================
Con.Case (C) No.1945 of 2023
------------------------------------ --
Dated this the 5th day of January, 2024
ORDER
The following charges are framed against the respondents; (i) Gods Own Country Health Resorts International Private Limited, represented by Jayaram, the nominated representative and (ii) Smt. Tessy, W/o Roji. M.A. under Section 14(c) of the Contempt of Courts (High Court of Kerala) Rules under the Contempt of Courts Act, 1971:
" CHARGE against 1st respondent I, Justice C.S Dias do hereby charge you, "That you Jayaram, S/o.Rajan, the nominated representative of the God's Own Country Health Resorts International Private Ltd, are the first respondent in COC No.1945/2023 filed by the Marriott Hotels India Private Ltd, Andheri East Vile Parle (E), Mumbai, Maharashtra.
That on 31.7.2023, the High Court of Kerala in OP(C) No.1471/2023 filed by the God's Own Country Health Resorts International Private Ltd, had ordered the parties in the Con. Case (C).No.1945 of 2023 -: 2 :- original petition to maintain status-quo in respect of the property as on the date of the judgment till the disposal of the IA No.6/2023in CMA (Arb) No.13/2023 by the Commercial Court-II, Thiruvananthapuram.
That you and the second respondent have violated the status-quo order, inter alia, by executing an agreement dated 10.8.2023 and transferring the shares of God's Own Country Health Resorts International Private Ltd in favour of Sree Gokulam Hotels (India) Private Ltd.
After considering your affidavits filed to the contempt notice and hearing your argument, by order dated 21.12.2023, the High Court is prima facie satisfied that you have deliberately flouted the status-quo order in OP(C) No.1471/2023 and committed the Contempt of Court, and is liable to be prosecuted and punished for violating the orders of the High Court in OP(C) No.1471/2023 under Sec.12 of the Contempt of Court Act."
And I hereby direct that you be tried by this Court on the said charge. "
CHARGE against 2nd respondent I, Justice C.S Dias do hereby charge you, "That you Tessy, are the second respondent in COC No.1945/2023 filed by the Marriott Hotels India Private Ltd, Andheri East Vile Parle (E), Mumbai, Maharashtra.
That on 31.7.2023, the High Court of Kerala in OP(C) No.1471/2023 filed by the God's Own Country Health Con. Case (C).No.1945 of 2023 -: 3 :- Resorts International Private Ltd, had ordered the parties in the original petition to maintain status-quo in respect of the property as on the date of the judgment till the disposal of the IA No.6/2023in CMA (Arb) No.13/2023 by the Commercial Court-II, Thiruvananthapuram.
That you and the first respondent have violated the status-quo order, inter alia, by executing an agreement dated 10.8.2023 and transferring the shares of God's Own Country Health Resorts International Private Ltd in favour of Sree Gokulam Hotels (India) Private Ltd.
After considering your affidavits filed to the contempt notice and hearing your argument, by order dated 21.12.2023, the High Court is prima facie satisfied that you have deliberately flouted the status-quo order in OP(C) No.1471/2023 and committed the Contempt of Court, and is liable to be prosecuted and punished for violating the orders of the High Court in OP(C) No.1471/2023 under Sec.12 of the Contempt of Court Act.
And I hereby direct that you be tried by this Court on the said charge. ''
2. The aforesaid charges were drafted, read over and explained to the respondents, who are present in person.
3. The respondents were specifically asked as to whether they plead guilty or not to the charges.Con. Case (C).No.1945 of 2023 -: 4 :-
Both the respondents pleaded not guilty to the charges. Their pleas have been separately recorded and signed. Copies of the charges were handed over to the respondents.
4. In the above background, list the contempt case on 25.1.2024, for nominating an Advocate, to appear and conduct the proceedings against the respondents. The Registry shall place a panel of Advocates, from whom an Advocate can be nominated.
Furnish a copy of the proceedings to the parties in accordance with law.
SD/-
C.S.DIAS, JUDGE rmm/5/1/2024 05-01-2024 /True Copy/ Deputy Registrar