Rameshwar Properties Private Limited v. Sri Aghore Kumar Roy
OD 1 ORDER SHEET CC/29/2021 APO 181/2016
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION [CONTEMPT] ORIGINAL SIDE RAMESHWAR PROPERTIES PRIVATE LIMITED VS SRI AGHORE KUMAR ROY
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK The Hon'ble JUSTICE KAUSIK CHANDA Date: 26th November, 2021.
Appearance :
Mr. Utpal Majumdar, Mr. Dwaipayan Ghosh, Ms. Dikshita Chomal, Mr. Sagnik Majumdar, Advs.
...for the petitioner.
Mr. Naba Kumar Das, Mr. Subhabrata Das, Adv., for the respondent no.1. Mr. Gopal Chandra Das, Adv., for the KMC.
The Court: The petitioner complains of violation of the order dated January 28, 2020.
Learned Counsel appearing for the alleged contemnor submits that the alleged contemnor complied with the order dated January 28, 2020. He submits that the quantification was made in terms of the order. The quantified amount was informed to the parties including the Corporation. He makes over a copy of the communication of quantification to the Court which is taken on record.
It appears that by writing dated June 29, 2021, the alleged contemnor quantified the amount of occupation charges in terms of the order dated January 28, 2020.
Although the quantification in terms of the order dated January 28, 2020 is not within the time frame provided by such order, however, for the ends of justice, we are of the view that we need not proceed under the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India against the alleged contemnor.
Learned Advocate appearing for the petitioner submits that the Corporation is liable to pay the quantified amount which the Corporation did not pay. The petitioner is at liberty to take appropriate steps with regard to the order dated January 28, 2020 in accordance with law. Since the alleged contemnor complied with the order dated January 28, 2020 albeit in a delayed manner, we dispose of the contempt petition. CC No.29 of 2021 is disposed of accordingly.
(DEBANGSU BASAK, J.) (KAUSIK CHANDA, J.) S.Das AR[CR]