The Lieutenant Governor And ORS. v. Hotel Seashell And ANR.

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction [CIRCUIT BENCH AT PORT BLAIR ] *** MA/11/2022 IA No.CAN/1/2022 The Lieutenant Governor and others ... Appellants Vs.

Hotel Seashell and another ... Respondents Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the appellants Ms. Anjili Nag ... for the respondents WITH CPAN/15/2022 Hotel Seashell and another ... Petitioners Vs.

Karuna Jaydhar ... Respondent/Contemnor Ms. Anjili Nag ... for the petitioners Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the contemnor September 26, 2022 [SR] Item no.7&8 MA/11/2022 is an appeal preferred by the alleged contemnor against the order dated 12th August, 2022 passed in CPAN/16/2021. The contempt application wherein the order impugned was passed was filed by the respondents in the appeal. The subject matter of the contempt application is an order dated 31st August, 2021. The order dated 31st August, 2021 was carried in appeal by the Administration being one of the appellants in the instant appeal by filing an appeal being MAT/3/2021. The said appeal was disposed of by an order dated 17th December, 2021. The appellants say that, after passing of the order dated 17th December, 2021, contempt, if any,

has to be against the order of the Division Bench dated 17th December, 2021 as the order of the learned Single Judge dated 31st August, 2021 has merged with the order dated 17th December, 2021. The contempt application before the learned Single Judge is, therefore, not maintainable.

The respondents in the instant appeal have subsequently filed a contempt application being CPAN 15 of 2022 alleging violation of the order dated 17th December, 2021 passed by the Division Bench in MAT/3/2021. The respondents in this appeal through their advocate also undertakes not to proceed with the contempt application being CPAN/16/2021 before the learned Single Judge. The Judges comprising the Division Bench which disposed of the MAT/3/2021 by the order dated 17th December, 2021 are available and as such, the contempt application being CPAN/15/2022 filed by the respondents of this appeal is required to be heard by the same Bench.

Let CPAN/15/2022 be placed before the appropriate Bench for due adjudication. The Registry is directed to take appropriate steps in this regard. The parties are to cooperate with the Registry in having the matter placed before the appropriate Bench at principal seat. The appeal being MA/11/2022 and the connected application being CAN/1/2022 are accordingly disposed of recording the undertaking of the respondents not to proceed any further with the same.

( Arindam Mukherjee, J. ) ( Kausik Chanda, J. )