Calcutta High Court (Appellete Side)
M/S. Inter State Security Agency & Anr vs Vinit Kumar & Anr on 3 August, 2018
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 03.08.18
Sl. No.7 akd C.P.A.N. 891 of 2017 in W.P. 11978(W) of 2016 [M/s. Inter State Security Agency & Anr. -Vs- Vinit Kumar & Anr.] Mr. Dipak Kumar Mukherjee .. Advocate Ms. Monalisa Dhar .. Advocate ... ... for the petitioners Mr. Ashok Kumar Jena .. Advocate ... ... for the alleged contemnors Leave is granted to the learned advocate-on-record for the petitioners to correct the cause title of the instant contempt application. Such amendment be carried out in course of this day.
It is submitted on behalf of the petitioners that the impugned decision of the alleged contemnors dated 5th May, 2007 at pages 25 & 26 of the contempt application is a contumacious one as the alleged contemnors have raised a bogus plea of pilferage to avoid release of admitted dues to the applicant.
Learned advocate appearing for the alleged contemnors submitted that they had been called upon to consider the representation for release of the dues and there is nothing in the order passed by this court that the same is admitted by them.
I have considered the materials on record. I find that the submission on the part of the petitioners that the amounts were admitted was only noted in the order. However, no final opinion in that regard was recorded in the said order while remitting the matter for consideration by the concerned authority. It may or may not be true that the plea of pilferage is an afterthought and a bogus one. However, such enquiry is not the premise of 2 the present proceeding. It is open to the petitioners to seek appropriate remedy in accordance with law, if so advised.
With the aforesaid observations, the contempt application is disposed of. There shall be no order as to costs.
(Joymalya Bagchi, J.)