Mahabali Techno Engineers vs Mr. Prem Sagar Mishra
2021 Latest Caselaw 1428 Cal/2

OD-4 & 5

                      IN THE HIGH COURT AT CALCUTTA
                         Special Jurisdiction (Contempt)
                                  Original Side

                                 CC/21/2021

                       MAHABALI TECHNO ENGINEERS
                                 VERSUS
                         MR. PREM SAGAR MISHRA

                                      AND

                                 CC/22/2021

                MAHESHWARI FUELS AND ALLIED INDUSTRIES
                               VERSUS
                       MR. PREM SAGAR MISHRA



  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA

Date : 15th November, 2021.

[Via Video Conference] Appearance:

Mr. Srijib Chakraborty, Adv.

Mr. Aditya Mondal, Adv.

..for the petitioner

Mr. Manik Das, Adv.

..for the alleged contemnors

The Court: Learned counsel for the applicant in the contempt

application argues that, despite several opportunities having been given to

the alleged contemnors, the latter have failed to comply with the order of this

Court passed on January 12, 2021 in WPO/502/2019 and WPO/503/2019.

It is further contended that, by the previous order dated October 4,

2021, this Court had granted a further opportunity to the alleged

contemnors to obtain an order from the appropriate Division Bench in

connection with the appeal preferred against the order under contempt.

However, till date no such stay order has been obtained.

Learned counsel for the alleged contemnors submits that there has

been no fault on the part of the alleged contemnors at all and the matter has

been mentioned for inclusion in the list before the appropriate appellate

Bench, without any success. It is, thus, prayed that further time may be

given to the alleged contemnors to take steps before the appellate Court to

obtain an interim order and/or for having the appeal heard.

Learned counsel for the alleged contemnors places reliance on a Co-

ordinate Bench judgment of this Court reported at (2000)2 CALLT 329 HC

(North Calcutta Co-Operative vs. Shri R. Tewari) for the proposition that, in

the event of pendency of an appeal, the contempt proceedings should remain

stayed till the stay application is considered by the appellate Court.

Upon hearing learned counsel for both the parties and giving anxious

consideration to the cited report, it is observed that the Co-ordinate Bench,

while passing the cited judgement, clearly indicated that, if an appeal stands

to be rendered infructuous because of the contempt application being

proceeded with, it would only be just and fair to adjourn the contempt

proceedings till at least the stay application in the appeal is heard out.

However, such judgment was passed in the factual context of that

case and cannot be a binding precedent for every instance of contempt.

First, as a distinguishing feature from the said judgment, the appeals

filed by the alleged contemnors cannot become infructuous merely by

compliance with the order under contempt, since the order merely stipulates

a payment being made by the alleged contemnors.

In the event, the appellants get an appropriate relief from the

appellate Court, it will always, in any event, be open to the appellate Court to

pass appropriate orders reversing the effect of the order in contempt.

However, mere pendency of an appeal, as is well-settled in law,

cannot operate as an indefinite licence for the judgment-debtor to defy the

order in question. The appeal has been pending, even as per the submission

of learned counsel for the appellants, for about eight months now. The

applicant in the contempt application cannot be restrained from obtaining

the fruits of the order under contempt for an inordinate period merely on the

plea of pendency of an appeal, particularly, in the absence of any order of

stay passed by the appellate Court.

That apart, it will open to the alleged contemnors to comply with the

order in contempt, without prejudice to its rights and contentions before the

appellate Court.

Yet, since the alleged contemnors submit that a last chance may be

given to them for the appeals to be enlisted before the appropriate Division

Bench, a final opportunity is being given to the alleged contemnors to comply

with the order dated January 12, 2021 passed in WPO/502/2019 and

WPO/503/2019 within a fortnight from date, subject to any order obtained

in the appeals preferred against the said order. In the event of non-

compliance of this direction, the alleged contemnors shall be liable for

contempt and a regular rule of contempt might be issued against the

contemnors, directing the officials in question representing the alleged

contemnors to be personally present in Court on the occasion thereafter.

Parties shall act on the server copy of this order without insisting

upon obtaining certified copy.

The matter shall next be enlisted under the same heading on

December 6, 2021.

(SABYASACHI BHATTACHARYYA, J.)

bp.