Calcutta High Court
Hdfc Bank Limited vs Amit Das & Anr on 5 September, 2008
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
ORDER SHEET
A.P. No. 354 of 2007
C.C. No. 100 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HDFC BANK LIMITED.
-Versus-
AMIT DAS & ANR.
Mr. K.R. Thakkar, Adv.
...Appears and submits.
Before :
The Hon'ble Justice SANJIB BANERJEE.
Date: September 5, 2008.
The Court: An interim order is subsisting in this
matter since December 18, 2007. The respondents have been
served but are not represented. The second respondent appeared and took directions but no affidavit-in-opposition has been filed.
The petitioner submits that the respondents have not disclosed the particulars of their assets. It is submitted that an award has been made in the reference on July 12, 2008 and the award has not ripened yet for implementation.
There will be an order restraining the respondents and either of them from operating any of their bank accounts for the purpose of withdrawal of any money without leaving a sum of Rs.35 lakh in the account which is sought to be operated. It will be open to the respondents to seek variation of this order 2 in the event, the respondents or either of them deposits the sum of Rs.35 lakh in any one bank account.
A.P.No.354 of 2007 is disposed of by confirming the subsisting order and as above.
The contempt petition is based on the petitioner's assertion that despite the order dated December 18, 2007 in terms of prayer (e) of the petition relating to A.P.No.354 of 2007, the alleged contemnors have not disclosed particulars of their assets or bank accounts.
The order of December 18, 2007 was made at the pre- reference stage and an order of such nature is ordinarily made upon the claim being adjudicated as in execution proceedings or at a post-award stage.
There is an element of discretion which is exercised when contempt proceedings of such nature are brought for, in effect, execution of an order. In view of the fact that a direction of extraordinary nature was made at a stage prior to the adjudication of the claim, the contempt petition is not entertained.
C.C.No.100 of 2008 is dismissed. There will be no order as to costs.
Urgent certified photostat copy of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
( Sanjib Banerjee, J.) A/s.