Document Fragment View

Matching Fragments

9. The learned receivers who were supposed to have taken prompt action failed and/or neglected do so. They did not visit the office of the company for taking possession of the relevant documents and the DV (wrongly stated in the order as CDs) immediately after the said order was passed. It is stated at the Bar that the time for filing a report was extended.

10. Appellants, however, contend that on 11.1.2006 some representatives of CECS visited their office and asked them to handover all materials connected with the telecast. They were allegedly threatened that if the materials were not handed over, they would be in contempt.

18. Each one of the alleged contemnors was held guilty of contempt of court on the premise that they have violated the directions issued to them to hand over the documents and DVD Cassettes and other materials to the Joint Receiver.

19. Before taking note of the findings of the learned Judge, we may notice that in the contempt proceedings, the appellants, inter alia, raised the following contentions :

“After examination and cross examination were over on the aforesaid issues the present application for contempt has been taken out on 26th of September, 2006. I am told that issue has not been decided nor there is fact findings as to whereabouts of the DV (mother) cassettes. The present application has been made for willful and deliberate violation of the order passed by this Court on 30th November 2005 by not handing over DV (mother) cassettes and other materials to the joint Receivers.”

20. The plea of the appellants, therefore, was that even if they had committed an error in handing over the material and DV to the representative of the CESC rather than the joint receivers, it was a bona fide one. They tendered unconditional apology therefor.

The learned Single Judge, however, as regards the plea of the Director of the Company held :

“In my view he should not have left Calcutta until the order was carried out or if he had any urgent business he should have approached this Court and asked for time for carrying out order. From analysis as above it no doubt establishes his deliberate and willful violation of the order of the Court. Therefore, I hold him guilty for committing contempt of the court as the DV (mother) cassettes were not handed over to the Joint Receivers.” As regards, Shri Sanat Ray, it was opined :
“While examining the stand taken by the respondent No.4, I found that he is an over smart person and he has made all possible effort to outwit the officers of the Court if not Court itself. He is literate and English knowing person and having complete understanding of the purport of the order. In spite of that he had taken a stand at first that he allegedly handed over DV cassettes to CESC officials being accompanied by the Court officials, before Receiver and then in his affidavit filed in the contempt proceedings as well as the affidavit filed earlier point of time after the visit of the Receivers on 14th of January, 2006, he stated that he handed over the same to CESC officials. This version is unacceptable as none of the persons namely (1) Mr. Shankar Saha (2) Mr. Rattan Das (3) Mr. Rabi Shankar Saha and (4) Mr. Sambhu Ghosh, has come toward to corroborate testifying in Court that on 11th January 2006 CESC officials visited the office of the first respondent and respondent No.4 handed over the DV (mother) cassettes to them. The CESC officials have denied the fact of the visit on 11th January, 2006 which was a holiday. Thus, CESC officials have also stated on oath in the trial on evidence they did not visit on that date nor did they have any occasion to visit on that date the office of the respondent No.1 as they were enjoying holidays. It is stranger no suggestions was put to them by the learned counsel for Mr. Sanat Kumar Ray that they did visit on that date and DV (mother) cassettes were handed over to the CESC officials. Therefore, it is clear that a concocted story has been made out to justify their so called mistake in handing over.” So far as the anchor, Krishna Kumar Mukherjee, is concerned, it was held: