Snehasish Bhaumik And ORS v. Gopa Dutt And ORS
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
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
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.)