Calcutta High Court
Jasper Motors Private Limited & Anr vs Basantee Ecodrive Private Limited & Ors on 24 January, 2020
Author: Soumen Sen
Bench: Soumen Sen
ORDER
GA No.434 of 2019
WITH
CS No.388 of 2014
IN THE HIGH COURT AT CALCUTTA
Original Civil Jurisdiction
JASPER MOTORS PRIVATE LIMITED & ANR.
Versus
BASANTEE ECODRIVE PRIVATE LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 24th January, 2020.
APPEARANCE:
Mr. S. N. Mookherjee, Senior Advocate
...Amicus Curiae.
Mr. Ajay Sankar Sanyal, Advocate
Mr. Rajsekhar Basu, Advocate
...for Printer, Publisher & Reporter
of Bartaman Patrika.
Mr. Sayantan Basu, Advocate
Mr. Tanmay Roy, Advocate
Mr. Abhiroop Dhar, Advocate
...for respondent Nos.135, 137, 138 & 140.
In spite of notice, Mr. Kanishk Sinha is not represented. Instead, he has made a communication to the Learned Registrar, High Court, Original Side, on 24th January 2020, in which he has referred to an order dated 11th September 2019 passed in WP No.5102(W) of 2019, to demonstrate that if a member of the Bar has an Hon'ble Judge his or her friend on Facebook, the Hon'ble Judge may recuse from the case. Mr. Sinha has also relied upon an order dated 18th September 2019 to contend that the matter of this nature should be heard by the Hon'ble The Chief Justice and not by me. Mr. Sinha has referred to a judgment of the Hon'ble Supreme Court in Sukhdev Singh Sodhi v. Chief Justice S. Teja Singh reported at 2 1954 SCR 454, with a view to persuade me not to take up the contempt petition. He has also referred to a communication received from the Hon'ble Supreme Court dated 20th January 2020 regarding an application for transfer of CS No.388 of 2014 by which he was requested to report at the office with regard to his application for permission to appear and argue as petitioner in person. The communication dated 24th January 2020 is taken on record.
Mr. S. N. Mookherjee, learned senior counsel, appointed as Amicus Curiae by this Court, has appeared and submitted that the conduct of Mr. Kanishk Sinha amounts to criminal contempt and appropriate proceedings may be initiated against him.
I have requested Mr. Mookherjee to file a short note indicating the points that may be relevant for deciding this petition.
The time to file affidavit by Mr. Kanish Sinha is extended till 29th February 2020, failing which it shall be presumed that he has no answer to offer to the show-cause.
The matter stands adjourned till 6th March 2020 (at 1 PM). The Learned Registrar, High Court, Original Side is directed to communicate this order to Mr. Kanishk Sinha immediately.
(SOUMEN SEN, J.) S. Kumar