Arindam Das v. Manoj Govil The Secretary Minstry Of Corporate Affairs And ANR

AD-58 Ct No.09 05.04.2024 TN CPAN 407 of 2024 In WPA 26753 of 2023 Arindam Das Vs.

Shri Manoj Govil and another Mr. Arindam Das .... petitioner in person Mr. N.L. Singhania, Ms. Sarda Sha .... for the alleged contemnors

1. The petitioner appearing in person has filed the present contempt application for the alleged delay in filing of affidavit-in-opposition by the respondent in the main writ petition which, according to the petitioner, is an act of contempt and deliberate violation of the direction of this court to file the affidavit-in-opposition within time.

2. However, such approach to the contempt jurisdiction can probably only be taken by a person who is not acquainted with the law. Some lenience is granted to the petitioner on such count and such count alone.

3. The intention of the contempt jurisdiction is not to operate as a retributive action against the respondent. Even if there was delay in filing the affidavit-inopposition, the same was condoned by the court. That apart, such minor error on the part of the respondent cannot be termed as a contempt of court sufficient to bring the matter within the contempt jurisdiction. Only keeping in view fact that the petitioner is a layman in

law and not acquainted with the proper connotation of the seriousness of the contempt jurisdiction, costs are not being awarded to the petitioner.

4. Accordingly, CPAN 407 of 2024 is dismissed without any order as to costs.

5. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)