Calcutta High Court (Appellete Side)
Sushil Kumar Jain vs Anjan Chakraborty & Anr on 24 November, 2017
Author: I.P. Mukerji
Bench: I.P. Mukerji
1
17 24.11.17
W.P.C.R.C 448 (W) of 2014
Sushil Kumar Jain
Vs.
Anjan Chakraborty & Anr.
Mr. R.L. Mitra
Mr. Nirmalya Dasgupta
Ms. P. Dhar .... For the Petitioner.
Mr. Srijib Chakraborty
Mr. Supratik roy
Ms. Riya Das ... For the Contemnor.
Re: C.A.N. 1628 of 2017
C.A.N. 10690 of 2014
The application for restoration CA.N. 1628 of
2017 is treated as on the day's list
The application C.A.N. 10690 of 2014 has been
made to set aside the order dated 11th September, 2013 in
the writ application asking the respondents to convey the
flat in question to the writ petitioner.
Sufficient cause is shown.
The order dated 3rd February, 2017 dismissing C.A.N. 10690 of 2014 for default is set aside. S.D. Connected application C.A.N. 10690 of 2014 is restored to its original file and number. The accompanying Section 5 application (C.AN. 10689 of 2014) has already been allowed by the court. C.A.N. 1628 2 of 2017 is allowed.
For the ends of justice this connected application (C.A.N. 10690 of 2014) to set aside or discharge the interim order dated 11th September, 2013 is also treated as on the day's list.
For two reasons the Court cannot entertain this application. First, the order dated 11th September, 2013 was passed after due notice of the application was served upon the respondent/applicant. This Court cannot discharge or vary the same under Order 39, Rule 4 Second Proviso of the Code of Civil Procedure. Secondly, by this application was an after thought taken out only after a contempt rule was issued asking the alleged contemnor to show cause why the order dated 11th September, 2013 had not been complied with.
Although this Court does not have the jurisdiction to entertain this application, it is still minded to give an opportunity to the applicant/respondent to obtain rescission or stay of the order dated 11th September, 2013 from an appropriate Court or forum. Otherwise, the alleged contemnor is bound to comply with the said order.
In those circumstances, the connected 3 application C.A.N. 10690 of 2014 is dismissed with the above liberty.
List this contempt application on 5th January, 2018.
On that date the alleged contemnor is required to bring a compliance report or stay order from the appropriate court. Otherwise the contempt application will take its own course.
( I.P. Mukerji, J.) 4