Calcutta High Court (Appellete Side)
Snehasish Bhaumik & Ors vs Gopa Dutt & Ors on 4 March, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
DL- 3
04.03.2025
Court No.26
(AD)
IN THE HIGH COURT AT CALCUTTA
SPECIAL CIVIL JURISDICTION
CPAN 1876 of 2024
arising out of
Title Suit 1776 of 2024
Snehasish Bhaumik & Ors.
Vs.
Gopa Dutt & Ors.
Mr. Siddhartha Banerjee, Advocate
Mr. Shaunak Ghosh, Advocate
Ms. Saheli Sen, Advocate
Mr. Rajib Mullick, Advocate
Ms. Ayantika Saha, Advocate
... for the petitioners.
Mr. Deepen Kumar Sarkar, Advocate
Ms. Samriddha Sen, Advocate
Ms. Deepti Priya, Advocate
... for the alleged contemnor nos.2,4,6,7,8,10,11,13
& 17.
Mr. Dripto Majumdar, Advocate
Mr. Tanay Saraf, Advocate
... for the alleged contemnor no.15.
1.The application for contempt is taken up for consideration after filing of affidavits prior to issuance of Rule.
2. Petitioners complain of violation of the order dated October 7, 2024.
3. Court is informed that, during the pendency of the contempt petition, the order dated October 7, 2024 was assailed at the behest of some of the 2 alleged contemnors and affirmed by the appeal Court. The revisional application directed against the order of affirmation was dismissed by the High Court.
4. Order dated October 7, 2024 restrained the defendants to the suit from giving effect to the notice/email dated October 6, 2024 and the minutes of the meeting held on September 30, 2024 as also the functioning of the proforma defendant society by the existing Governing Council and from operating bank accounts of the society.
5. Materials on record suggest that, bank accounts of the society were operated subsequent to the order dated October 7, 2024 and with the knowledge of such order.
6. Some of the alleged contemnors acknowledge that the bank accounts were operated subsequent to the order of injunction. However, they seek to justify their conduct on various grounds.
7. A case for issuance of Rule as prayed for stands made out by the petitioners.
8. Justifications of the alleged contemnors along with the entire gamut should ideally be decided after issuance of Rule.
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9. Let Rule of Contempt as prayed for be issued against the alleged contemnors.
10. Rule is made returnable on March 19, 2025.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) (Rule is drawn in a separate sheet)