Itc Ltd v. Muralidharan Nair And ORS

OD-6

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt) ORIGINAL SIDE CC/33/2022 WITH CS/272/2016 ITC LTD VS MURALIDHARAN NAIR AND ORS

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 16th January, 2023.

Appearance:

Mr. Ranjan Bachawat, Adv.

Mr. Sayan Roy Chowdhury, Adv.

Mr. Paritosh Sinha, Adv.

Mr. J. Roy, Adv.

Ms. M. Mukherjee, Adv.

Mr. M. Das Gupta, Adv.

The Court:- CC/33/2022 This is an application for contempt of an order dated 15th December, 2016. The contemnor no.3 is personally present. An Affidavit of Undertaking filed by the contemnor no.3 be kept with the records. The petitioner is satisfied with the undertaking given by the contemnor no.3 and submits that he does not want to proceed any further with this application.

In view of the aforesaid, nothing survives in this contempt application. CC/33/2022 stands disposed of.

CS/272/2016 In view of the undertaking filed on behalf of the defendant no.3, it is submitted that no purpose would be served in keeping this suit pending any further.

Accordingly, by consent of the parties, there shall be a decree in terms of prayers (a) to (e) of the plaint insofar as the defendant no. 3 is concerned. Significantly, by an earlier order dated 6th December, 2022, there was also a decree in terms of prayers (a) to (e) insofar as the defendant nos. 1 and 2 were concerned.

The presence of the contemnor no.3 is also dispensed with. The Warrant of Arrest insofar as the defendant no.3 is concerned, also stands discharged. With the aforesaid directions, CS/272/2016 stands decreed. (RAVI KRISHAN KAPUR, J.) D.Ghosh