Prakash Dubey vs Manik Chandra Maity
2021 Latest Caselaw 3526 Cal

01.07.2021 IN THE HIGH COURT AT CALCUTTA Sl. No.85 CRIMINAL MISCELLANEOUS JURISDICTION PP APPELLATE SIDE (Via Video Conference)

CRLCP 10 of 2005 in CRR 1016 of 2004

Prakash Dubey Vs.

Manik Chandra Maity

Mr. Amitava Mitra ... for the petitioner

The contempt application arises out of an order dated 23rd

July, 2004 passed in C.R.R. 1016 of 2004. The relevant portion of

the order dated 23rd July, 2004 is set out hereunder:

"It appears that by impugned order, Ld. S.D.J.M., Tamluk, has directed return of the vehicle in favour of O.P. No.2 on his execution of a bond of Rs.6 Lacks only. Having regard to the facts and circumstances as referred to earlier, I find it difficult to agree with the finding of the Ld. Court below and in my opinion, the grievances ventilated on behalf of the petitioner cannot be brushed aside. Accordingly, the impugned order dated 7.4.2004, passed by Ld. S.D.J.M., Tamluk, be set aside. The O.P. No.2 be directed to produce the car before the O.C., Panskura, P. S., within a period of two weeks from the date of communication of this order and thereafter, Ld. S.D.J.M., Tamluk, be directed to pass an order within a week from such communication in the light of observation as made in the body of the judgment in regard to the custody of the said vehicle.

Interim order, if any, stands vacated. The C.R.R. No.1016 of 2004 stands disposed of accordingly."

On behalf of the petitioner, it is submitted that the contempt

application is alive as the order complained of has not been complied

with as yet. It appears from the order dated 2nd August, 2006 that

Manik Chand Maity, the opposite party no.2 in the criminal

revisional application had filed a modification application. It is also

submitted on behalf of the petitioner that the alleged contemnor has

used an affidavit in the contempt petition, which was served on the

petitioner's advocate on 21st April, 2006. The affidavit-in-reply

affirmed by the petitioner on 2nd May, 2006 made over to Court is

taken on record.

No one appears on behalf of the alleged contemnor.

The matter is adjourned till 19th July, 2021.

Advocate for the petitioner shall serve notice upon the alleged

contemnor intimating him that the matter will appear on 19th July,

2021 and file an affidavit of service to that on the returnable date.

(Arindam Mukherjee, J. )