Mr. S. Kakrania had shared a screenshot of the virtual court proceedings on ‘LinkedIn’ upon obtaining a favourable interim relief from the High Court of Calcutta in the matter of Lindsay International Pvt. Ltd. & Ors. Vs. Laxmi Niwas Mittal & Ors. The post also included a description which read as:
“We are #happy to #share that we managed to obtain an #Ante‐ #Arbitration #Injunction (ICC Arbitration)in a matter before the Calcutta High Court.”
Hon’ble Justice Rajasekhar Mantha had taken suo moto cognizance of the act of publication and initiated contempt proceedings against the concerned publication as it was akin to sharing pictures of actual court proceedings.
On the previous date of hearing on the matter i.e. on 12th August, 2020, the Court had observed that-
The contemnor had clarified his harmless intention behind the publication and the description. He had also expressed his regret and extended sincere apology for making the publication without the leave of the Court. Nevertheless, the Court decided to proceed with the issue and accordingly passed an order issuing a rule against Mr. S Karania, requiring him to answer to the rule.
Court’s order as on 25th August, 2020:
Advocate, Mr. S. Kakrania replying to the rule issued against him, had filed an affidavit before the Court furnishing an unconditional apology regarding the publication. In the affidavit, he also acknowledged that a publication made without the leave of the Court was indeed ‘incorrect’ and against professionalism.
Further, he also highlighted that he had promptly removed the publication when he was informed about the same by his counsel. Mr. Kakrania reemphasized his innocent intention behind the ‘publication’ and especially the description appended to it and reiterated that in no way did he intend to attack the dignity and probity of the Court.
Perusing the submissions made by the parties and affidavit filed by Mr. Kakrania, the Court passed an order, omitting the contempt charges and issuing a warning to the contemnor not to repeat such conduct in the future.
Case Details:
Jurisdiction: In the High Court At Calcutta
Case name: The Learned Registrar High Court Calcutta V S. Kakrania
Date: 25th August, 2020
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