Medima Llc v. Balasore Alloys Ltd And ORS

OD-3

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION [CONTEMPT] ORIGINAL SIDE CC/21/2022 MEDIMA LLC VS BALASORE ALLOYS LTD AND ORS

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 4th October, 2023.

Appearance:

Mr. S.N. Mookherjee, Sr. Adv.

Mr. Shaunak Mitra, Adv.

Ms. Shreya Singh, Adv.

Mr. Naman Chowdhury, Adv.

...for petitioner.

Mr. Nilendu Bhattacharyya, Adv.

Mr. N. Bandyapadhyay, Adv.

...for alleged contemnors.

The Court : CC/21/2022 is an application for violation of an order dated 22 December, 2021.

In a Special Leave Petition filed by the alleged contemnors, an order dated 18 August, 2023 was passed inter alia as follows; "This Court has heard learned Counsel for the parties and is of the opinion that the question sought to be urged does not require consideration. However, during the hearing, the learned senior counsel for the caveator (award holder) had stated upon instructions that an enforcement proceeding would be initiated before the Calcutta High Court within four weeks.

Learned counsel for the petitioner submitted that amount required of it would be deposited in the High Court within for weeks. In such event, the Registrar is hereby ordered to comply with the directions contained in the learned Single Judge's directions dated 22.12.2021 in paragraph 12. Learned senior counsel for the respondent states that in the event, the amounts are deposited, the contempt proceedings would not be pressed. The special leave petition is dismissed but subject to the above terms. All pending applications are disposed of."

It is submitted on behalf of the alleged contemnors that subsequently the entire amount in terms of the order dated 22 December, 2021 has been deposited with the Registrar, Original Side.

Pursuant to a direction dated 26 September, 2023, the Registrar, Original Side has also filed a Report, recording that a sum of Rs.22,08,75,133/- has been deposited with the Registry on 14 September, 2023 and the same is lying in a Fixed Deposit Account.

In view of the order passed by the Hon'ble Supreme Court and the subsequent facts which have transpired during the pendency of this application, nothing survives in this application. Accordingly, CC/21/2022 stands disposed of as infructuous.

(RAVI KRISHAN KAPUR, J.) SK.