Calcutta High Court (Appellete Side)
Gautam Shroff @ Gautam Roy vs Chitra Adhikari Shroff on 8 February, 2019
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
1 S/L 2 08.02.2019Ct. No. 6
SD C.O. 799 of 2018 Gautam Shroff @ Gautam Roy Vs. Chitra Adhikari Shroff.
Mr. Surojit Nath Mitra Mr. Raja Basu Chowdhury Mr. Tanmay Chakraborty ... for the Petitioner.
Mr. Saptangshu Basu Mr. Sourav Sen Mr. Sukanta Chakraborty Ms. Sayani Bhattacharya ... for the Opposite Party.
Alleging violation of my order dated July 20, 2018 a contempt application was filed by Mr. Basu's client. On the basis of the said contempt application, a rule was issued on January 7, 2019. However, the rule has not yet been served upon the alleged contemnor.
In the meantime, the application for modification of my order dated July 20, 2018 was also taken up for consideration and it was agreed by Mr. Basu Chowdhury's client that he would comply with the order by making payment of the amount directed for in the order dated July 20, 2018, i.e., a sum of Rs.3 lakh. However, the said amount could not be paid at a time and Mr. Basu Chowdhury's client was allowed to make payment of the said sum of Rs.3 lakh by instalments. Ultimately, a demand draft bearing No.123703 dated January 30, 2019 in the name of Chitra Das (petitioner) was handed over to Mr. Sourav Sen on January 31, 2019 in court which Mr. Sen accepted.
So far the balance amount of Rs.2 lakhs, four cheques have been brought to the court each of Rs.50,000/- bearing No.000002 dated March 15, 2019, No.000003 dated April 15, 2019, No.000004 dated June 30, 2019 and No.000005 dated July 31, 2019 and all drawn on Kotak Mahindra Bank, 21, Center Poing Building, Hemanta Basu Sarani, Kolkata-700001. The said cheques have been handed over by Mr. Basu Chowdhury to Mr. Sourav Sen today and Mr. Sen has also accepted the same as against the balance amount of Rs.2 lakh.
2In view of such payment made by the alleged contemnor/petitioner, nothing remains in the contempt application to be decided. Therefore, contempt application being CPAN 827 of 2018 is dropped. Contempt rule is discharged.
However, it is mentioned by Mr. Basu, learned Senior Advocate that although in the order dated July 20, 2018 a direction was given to the court to dispose of the application under Section 36 of the Special Marriage Act registered as Misc. Case No.19 of 2014 without granting any further adjournment but the said application is still kept pending. He also submits before this court that the said misc. case has stood transferred to the Court of learned 11th Additional District Judge, Alipore.
Having regard to the gravity involved in the matter, the learned Transferee Court is also directed to take note of the order dated July 20, 2018 and is directed to dispose of the matter at an early date without granting any unnecessary adjournment to either of the parties.
In case the matter is not disposed of in the letter and spirit of the order, the parties are given liberty to mention before this court.
With these observations, C.O. 799 of 2018 is disposed of.
(Sahidullah Munshi, J.)