Pooja Sharma v. Dharmendra Sharma

OD-2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt) ORIGINAL SIDE CC/234/2015 In APO/244/2013 POOJA SHARMA VS DHARMENDRA SHARMA

BEFORE:

The Hon'ble JUSTICE SOUMEN SEN AND The Hon'ble JUSTICE UDAY KUMAR Date : 25th April, 2025.

Appearance:

Ms. Arunima Lala, Adv.

Mr. Atish Ghosh, Adv.

Ms. Susmita Das, Adv.

... for the petitioner.

Mr. Sayan Ray, Adv.

Mr. Samrat Choudhury, Adv.

Mr. Harish Kr. Singh, Adv.

... for the respondent/contemnor.

1. The petitioner shall be entitled to realise Rs.1.80 crore approximately from the partnership account towards part satisfaction of her claim against the alleged contemnor.

2. In fact, the alleged contemnor personally present in Court has not objected to the payment of the said sum to the petitioner.

3. The Court proceeds on the basis that the amount to which the alleged contemnor is willing to pay is presumably the sum total of the deposits made every day in terms of the order dated 31st October, 2014.

4. It appears that the parties are not ad-idem with regard to one-time settlement. Hence, the petitioner shall be entitled to invoke the

arbitration clause or seek appointment of an Arbitrator for adjudication of the balance claim.

5. The Manager, Punjab National Bank is directed to issue a demand draft in favour of the petitioner or to remit the said sum to the designated bank account of the petitioner within one week from the date of communication of this order on furnishing account details by the petitioner, whichever is earlier.

6. Rule stands discharged.

7. The personal appearance of the respondent is, thus, dispensed with.

8. The contempt application (CC/234/2015) is disposed of. (SOUMEN SEN, J.) (UDAY KUMAR, J.) sp3/RS