Calcutta High Court (Appellete Side)
Snehasish Bhaumik & Ors vs Gopa Dutt & Ors on 10 April, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
10.04.2025
Item No.11
Ct. No.26
CHC
IN THE HIGH COURT AT CALCUTTA
SPECIAL CIVIL JURISDICTION
CRC 7 of 2025
(renumbered from CPAN 1876 of 2024)
arising out of
Title Suit 1776 of 2024
Snehasish Bhaumik & Ors.
Vs.
Gopa Dutt & Ors.
Mr. Siddhartha Banerjee, Advocate
Mr. Shaunak Ghosh, Advocate
Ms. Saheli Sen, Advocate
Mr. Rajib Mullick, Advocate
Ms. Ayantika Saha, Advocate
....for the petitioners
Mr. Soumabha Ghose, Advocate
Mr. Soumalya Ganguli, Advocate
....for the contemnor nos.1, 5, 12, 18 and 19
Ms. Deepti Priya, Advocate
...for the contemnor nos.2, 4, 6, 7, 8, 10, 11,
13, 14 and 17
Syed E. Huda, Advocate
Md. Rizwan Alam, Advocate
...for the contemnor no.9
Mr. Saptarshi Mukherjee, Advocate
...for the contemnor no.13
Mr. Dripto Majumdar, Advocate
Mr. Tanay Saraf, Advocate
...for the contemnor no.15
Ms. Manika Roy, Advocate
Ms. Ankita Chowdhury, Advocate
Mr. Atanu Sur, Advocate
...for the contemnor no.20
1.Contempt Rule was issued on March 4, 2025 in respect of an order dated October 7, 2024 passed by 2 the Learned Civil Judge (Jr. Division), 4th Court, Alipore in Title Suit No.1776 of 2024.
2. Learned advocate appearing for the contemnor no.13 submits that, his client is ready and willing to secure the sum of Rs.47,62,189/- with the Court. He submits that, his client is ready and willing to deposit a demand draft drawn in the name of the Registrar General, High Court Calcutta for such sum.
3. Other contemnors are represented.
4. Order dated October 7, 2024, violation of which is complained of, is an interim order.
5. The petition in which such order dated October 7, 2024, was passed is yet to be finally decided and disposed of by the Court before which it is pending.
6. Since, one of the alleged contemnors is offering to secure the claim amount involved in the order dated October 7, 2024 (there is a dispute as to the quantum) we deem it appropriate to permit the alleged contemnor no.13 to deposit such demand draft with the Registrar General, High Court, Calcutta by April 17, 2025.
7. Learned Registrar General on receipt of such demand draft will encash the same and deposit the proceeds of such demand draft with any nationalized bank in a fixed deposit bearing interest. The fixed deposit so opened by the learned Registrar General will stand to the credit of Title Suit No.1776 of 2024 presently 3 pending before the Learned Civil Judge (Junior Division), 4th Court, Alipore.
8. Learned Court in seisin of such Title Suit is at liberty to issue such directions as to the quantum that will be kept with the Learned Registrar General of this Court pursuant to this order.
9. Parties are at liberty to invite the learned Court in seisin of such Title Suit may pass appropriate order with regard to the quantum lying with the Learned Registrar General pursuant to this order.
10. In view of such conduct of contemnors we deem it appropriate to dispose of the contempt Rule.
11. We clarify that, we did not enter into the merits of the rival contentions of the parties.
12. All points raised by the parties with regard to the merits of their claim and counter claim in the Title Suit are kept open to be decided by the appropriate Court.
13. CRC 7 of 2025 is dispose of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)