Calcutta High Court (Appellete Side)
Ct-08 Madhukant Bajoria vs Fullerton India Credit Company Ltd. & ... on 24 February, 2022
CPAN 699 of 2021 01 24.02.2022
in FMA 449 of 2021 Ct-08 Madhukant Bajoria Vs. Fullerton India Credit Company Ltd. & Anr.
ar Mr. Pravat Sil Mr. Saumendra Mohan Rakshit Mr. Ratul Das Mr. Antara Banerjee ... For the Petitioner Mr. Abrajit Mitra Mr. Triptimoy Talukdar Mr. Kaushik Chatterjee Mr. Zafar Sullthan Ms. Subharthi Bhattacharya ... For the alleged contemnors On the prayer of Mr. Abrajit Mitra, the learned senior counsel appearing for the alleged contemnors, the matter is adjourned for two weeks in order to enable one of the directors of the company to be present before us in terms of our earlier order dated 18th February, 2022. The authorised signatory of the company, who is also the contemnor before us, has filed an affidavit in which the said alleged contemnor tried to justify his conduct. Although, in second paragraph of the said affidavit there is a sentence which reads - "There is no wilful or deliberate violation of the said order and if at all this Hon'ble Court holds to the contrary, I tender unconditional apology therefore."
On consideration of the entire affidavit we are of the view that its not genuine. Apology be a defence, justification or a calculated strategy to avoid punishment for act, which tantamount to contempt of court and is not to be accepted as matter of course.
We need to remind ourselves that the majesty 2 of the Court should be maintained at all costs by all and we are of the opinion that there is a brazen violation of our order dated 18th February, 2022 and lack of seriousness on the part of the company, as the reason for non appearance of one of the directors is clearly unacceptable.
In view of prayer made on behalf of the Indian directors, one of the two directors of the company, who are residing in India, will be present on 10th March, 2022 at 12.45 p.m. positively with an affidavit. Let this matter appear on 10th March, 2022 at 12.45 p.m. (Kausik Chanda,J.) (Soumen Sen, J.) 3