Calcutta High Court
Bhagwati Developers Pvt Ltd vs Tuhin Kanti Ghosh And Ors on 8 October, 2013
Author: Patherya
Bench: Patherya
ORDER SHEET
CC No.118 of 2013
IN THE HIGH COURT AT CALCUTTA
Special Civil Jurisdiction (Contempt)
ORIGINAL SIDE
BHAGWATI DEVELOPERS PVT LTD
Versus
TUHIN KANTI GHOSH AND ORS
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 8th October, 2013.
Mr.S.K.Kapoor, Sr.Adv.
Mr. P.K.Jhunjhunwala, Adv.
Mr.R.Kapoor, Adv.
..for the petitioner.
The Court: By order dated 12th September, 2005 an order was passed in
terms of prayer (a) of the petition. Prayer (a) of the petition reads as follows :-
"a) Injunction restraining the Respondent No.1 whether by himself or by
his servants or agents or assigns or otherwise howsoever, from doing anything or taking any steps in relation to the said 2,25,920 shares in the Respondent No.2 Company except in accordance with the instruction of the Petitioner."
It has now come to the knowledge of the petitioner that the dividends have been declared by the company being the alleged contemnor-respondent no.2. According to the petitioner the petitioner was entitled to the said dividend and 2 therefore, all that is sought is that dividend be handed over to a receiver who may be appointed for such purpose.
The respondent no.2 is represented through Counsel who submits on instruction that the dividend was declared on 28th August, 2013.
All that the petitioner seeks at this stage is that in view of the dispute pending between the petitioner herein and the alleged contempnor-respondent no.1, let the said sum be kept apart till the dispute between the parties is resolved.
In spite of notice none appears on behalf of the alleged contemnor- respondent no.1 to plead his case and although it has been submitted on behalf of the respondent no.2 that the dispute between the petitioner and the alleged contemnor-respondent no.1 stands resolved by the order passed by the Supreme Court of India this fact will be considered on the next date of hearing. In the meantime, let the sums mentioned in letter dated 20th September, 2013 received by the alleged contempnor-respondent no.1 on account of dividend be kept apart till 11th November, 2013.
Matter to appear in the list on 8th November, 2013. All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(PATHERYA, J.) dg2/R.Bose