Shree Shree Satyanarayanjee & ORS. v. Dr. U. Bathan

O-2 CC/87/2005

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION (CONTEMPT) ORIGINAL SIDE SHREE SHREE SATYANARAYANJEE & ORS.

VS DR. U. BATHAN

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 25th April, 2023.

The Court:- This is an application alleging violation of an order dated 22 December, 2004.

The alleged contemnor is a resident of Myanmar and at some point was administrating a temple at Myanmar.

Diverse orders have been passed from time to time. This application had been pending since 2005. By an order dated 21 December, 2022, the petitioner was also directed to effect substituted service on the alleged contemnor. Thereafter, the matter has repeatedly appeared on 6 February, 2023, 6 March, 2023 and 13 March, 2023 respectively when the petitioner has sought for adjournments. It is submitted on behalf of the petitioner that they have been able to effect substituted service on the alleged contemnor in terms of the order dated 13 March 2023.

Significantly, by an order dated 21 December, 2022, the petitioner was also granted liberty to effect personal service on the alleged contemnor through an authorized representative at Myanmar.

Admittedly, there have been 26 (twenty six) orders which have been passed till date in this contempt application and the petitioner has not yet been able to effect service or substituted service on the alleged contemnor. In view of the failure of the petitioner to comply with the order dated 21 December 2022 and the fact that the matter has been pending since 2005, CC/87/2005 stands dismissed.

Liberty is granted to the petitioner to file an appropriate application if circumstances so warrant in accordance with law, if so advised. (RAVI KRISHAN KAPUR, J.) SK.