Sunita Seal And ANR v. Mrinal Lal Seal And ANR

OD 14 ORDER SHEET CC 25 of 2020

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION (CONTEMPT) ORIGINAL SIDE SUNITA SEAL AND ANR.

Vs.

MRINAL LAL SEAL AND ANR.

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date: 8th January, 2021.

(Via Video Conference) Mr. Swatarp Banerjee, Ms. Somali Mukhopadhyay, Advs.

...for the petitioner Mr. Utpal Bose, Sr.Adv.

...for the respondents The Court: The petitioners complain of violation of the order dated August 18, 2020.

In an originating summon suit the order dated August 18, 2020 was passed by which the four plaintiffs of the suit were appointed as Receivers to perform the Seva Puja. Disputes arose between the four plaintiffs. The four plaintiffs are not in a position to implement the order dated August 18, 2020. The plaintiffs are divided amongst themselves.

Since plaintiffs themselves are not in a position to implement the order dated August 18, 2020, I am not in a position to entertain this application under the Contempt of Courts Act, 1972 read with Article 215 of the Constitution of India filed by two of the plaintiffs claiming that the parties to the originating suit are not complying with the order dated August 18, 2020.

By their conduct, the plaintiffs rendered the order dated August 18, 2020 unworkable. Therefore, the question of invoking of such jurisdiction does not arise. CC 25 of 2020 is disposed of accordingly.

(DEBANGSU BASAK, J.) TR/