BENGALURU: In huge relief for former Kerala chief minister Oommen Chandy, a Bengaluru court has dismissed a suit against him in a case related to the solar project scam filed by a city-based businessman seeking recovery of money.
Allowing the Congress leader’s application, who was named among the defendants, Additional City Civil and Sessions Court judge G Bheemanagowda Patil rejected the suit filed by real estate consultant M K Kuruvilla as far as Chandy is concerned. However, the proceedings will continue against the other defendants -- SCOSSA Educational Consultants Pvt Ltd, Binu Nair, Andrews and Deljith.
In his suit filed before the court on April 30, 2015, Kuruvilla claimed that the Kochi-based SCOSSA Consultants was familiar with solar power business and was the sole selling and distributing agent in India for Da Mool, a South Korean company that provides technology for solar power projects. Kuruvilla alleged that the defendants assured him a stake in an upcoming solar power project against a payment of Rs 1.03 crore to SCOSSA, Binu, Andrew and Deljith.
Seeking rejection of the suit, Chandy’s counsel Joseph Anthony argued that the money was paid to the other four defendants to induce and attempt to exercise personal influence on Chandy for favours. When the entire transaction itself is illegal and punishable under the Prevention of Corruption Act, the suit to recover the illegal gratification is unlawful and untenable.
Kuruvilla, who was allegedly cheated by the other defendants, had approached Chandy when the latter was Kerala CM and lodged a complaint with him. Chandy acted on the complaint and directed the state Director General of Police to take immediate action. Kuruvilla had even approached the Kerala High Court seeking directions to police to investigate the matter based on the CM’s instructions. Thereafter, with an ulterior motive, Kuruvilla filed a suit in Bengaluru despite knowing that it has no jurisdiction, Anthony argued.
Case history
The Additional City Civil and Sessions Court, on October 24, 2016, had ordered ex parte Chandy and the other defendants to pay `1,60,85,700 to Kuruvilla, with 12 per cent interest. However, on April 5 this year, the same court set aside its earlier order. While doing so, the judge had observed that Chandy did not get an opportunity of hearing and said the proceedings would continue from June 1, 2016. The defendants can contest Kuruvilla’s plaint, the judge said.
Accordingly, Chandy, who appeared in person before the court on January 2 this year, filed an affidavit denying the allegations against him. In his affidavit, Chandy stated that he had been made a defendant unnecessarily. It was only with a fraudulent intent to defame him and with an intent to gain publicity though he was nowhere connected to the alleged scam. “Kuruvilla has misled this court and has obtained the ex-parte judgment behind my back,” Chandy had stated.
‘I never had any anxiety’
T’Puram: “I was sure that truth will prevail. I never had any anxiety regarding the outcome of my discharge petition in the case because I hadn’t done anything wrong and had no connection with the charges levelled,’’ former Kerala CM Oommen Chandy told Express. He was responding to the Bengaluru court decision to relieve him in the solar case. ‘’If some wrong is committed, the person concerned should get punishment. If what is done is right, then the result will be different. I’m a believer in God,’’ he said.