Banaj Developers Private Limited v. Abdul Khalek Mondal And ORS.

OD 2 ORDER SHEET CC/69/2022 WITH AP/507/2022 AP/385/2022

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION (CONTEMPT) ORIGINAL SIDE BANAJ DEVELOPERS PRIVATE LIMITED VS ABDUL KHALEK MONDAL AND ORS.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 4th July, 2023.

Appearance:

Mr. Manik Das, Adv.

Mr. Aniruddha Sinha, Adv.

...for the petitioner Ms. Parichita Ray, Adv.

Mr. Srimanta Ray, Adv.

...for the contemnor nos.1, 2 & 3 The Court: Prima facie, from the documents that have been annexed to the contempt petition and the affidavits exchanged by the parties, this Court was of the view that there has been deliberate contumacious contempt by the petitioner. However, the contemnors have by an affidavit dated 26th June, 2023 tendered an unconditional apology and sought pardon from this Court for that disobedience. In light of the same, this Court does not wish to proceed any further or pass any adverse orders against the contemnors. However, the contemnors are directed not to, in any manner, prevent the petitioner from carrying on the legitimate work that they are doing including obtaining electricity connection for

the building. If it comes to light that the contemnors have once again tried to prevent the electricity connection from being provided or any other legitimate work being carried out by the petitioner, I make it clear that this Court shall take a strict view of this matter and pass adverse orders against the contemnors. The contempt petition is, accordingly, disposed of. The Rule of contempt is discharged.

(SHEKHAR B. SARAF, J.) B.Pal