Calcutta High Court
Narendra Kumar Berlia & Ors vs Om Prakash Berlia & Ors on 3 February, 2009
Author: Patherya
Bench: Patherya
CC No. 15 of 2009
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction(Contempt)
ORIGINAL SIDE
NARENDRA KUMAR BERLIA & ORS. Plaintiff/Petitioner/Applicant
Versus
OM PRAKASH BERLIA & ORS. Defendant/Respondent
MR.ANINDYA MITRA,SR.ADVOCATE WITH MR.ABHRAJIT MITRA,MR.S.MUKHERJEE, MS.REKHA GHOSH,ADVOCATES FOR THE PETITIONERS MR.JAYANTA MITRA,SR.ADVOCATE WITH MR.S.TALUKDAR,MR.S.KAKRANIA,ADVOCATES FOR CONTEMNOR-RESPONDENT NOS.1,5 & 12 MR.H.L.TIKKU,SR.ADVOCATE WITH MR.SAKYA SEN, WITH MR.SUBHANKAR, MRS.D.ADHIKARI,ADVOCATES FOR RESPONDENT NO.2 BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 3rd February, 2009.
The Court : Pursuant to order dated 28th January, 2009, the alleged contemnor-respondent nos.1,5 and 12 are present in court. Further appearance of the said alleged contemnor-respondent nos.1,5 and 12 is dispensed with upon the undertaking that each of the alleged contemnor- respondents will present themselves as and when called upon to do so by court. This has been explained to the alleged contemnor-respondents and has been understood by them.
Counsel for the alleged contemnor-respondent nos.1,5 and 12 submits that it is ready and willing to implement the order dated 21st January, 2009. As no copy of the contempt application was served on the alleged contemnor-respondent nos.1 and 12 no affidavit could be filed to the show cause. The alleged contemnor respondent no.5, has not filed such affidavit as he was to appear this day. Therefore, time to file the affidavit be extended till 9th February, 2009.
Counsel for the petitioners submits that in view of the reports of the Special Officers and the wilful disobedience of the 2 order dated 21st January, 2009 Rule be issued against the alleged contemnor-respondent nos. 1, 5 and 12.
Having considered the submissions of the parties, time to show cause by affidavit, as directed by order dated 28th January, 2009, is extended till 9th February, 2009; affidavit-in-reply, if any, be filed by 16th February, 2009.
Matter to appear in the list on 17th February, 2009. Counsel for the alleged contemnor-respondent no.2 submits that a copy be served upon him and direction be given for filing affidavits. It is submitted that the unit at Madras is lying closed since the last fifteen years and, therefore, the allegations of contempt against the alleged contemnor-respondent no.2 is unfounded. Accordingly, directions are given for filing affidavits.
Affidavit-in-opposition be filed by the alleged contemnor-respondent no.2 within a fortnight; reply, if any, be filed within a week thereafter.
Matter to appear in the list four weeks hence.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) S.Bhattacharyya Assistant Registrar(C.R.)