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Calcutta High Court

Mohanlal Dungarmal Futnani vs Vishanji Dungarmal Futnani & Ors on 16 July, 2021

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

ORDER SHEET
                              CC 99 of 1997
                   IN THE HIGH COURT AT CALCUTTA
                     Special Jurisdiction (Contempt)
                             ORIGINAL SIDE



                     MOHANLAL DUNGARMAL FUTNANI
                                VS.
                     VISHANJI DUNGARMAL FUTNANI & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 16th July , 2021 Mr. Ranjan Bachawat, Sr. Advocate, Mr. Prabhakar Chowdhury, Adv. for alleged contemnor no.2.

The Court : The contempt application arises out of an order dated 8 th April, 1993 passed in Suit No.781 of 1983 (Vishanji Dungarmal Futnani Vs. Mohanlal Dungarmal Futnani & Ors.).

The petitioner remains rerepresented.

On behalf of the alleged contemnors Mr. Ranjan Bachawat, learned Senior Advocate submits that the alleged contemnor no.1 Vishanji Dungarmal Futnani has died during the pendency of the contempt petition. The alleged contemnor no.2 is therefore represented by him. Mr. Bachawat further submits that by an order dated 20 th June, 1997 the personal appearance of all the three contemnors were dispensed with. The alleged contemnor no.3 was also discharged from filing an affidavit. The affidavits 2 on behalf of the alleged contemnor no.1, since deceased and the alleged contemnor no.2 have already been filed. Those affidavits are on record.

In the above facts and circumstances, the contempt petition is adjourned till 3rd August, 2021 to enable the Advocate-on-Record of Mr. Bachawat to serve a notice communicating this order to the petitioner and/or his Advocate requesting the petitioner and/or his Advocate to appear on 3rd August, 2021.

( ARINDAM MUKHERJEE, J.) pa