Anr vs Raghunath Karfa And Ors
2021 Latest Caselaw 1492 Cal/2

OD-2
                             ORDER SHEET

                         APOT No. 169 of 2021
                          IA No. GA 1 of 2021
                                 With
                        CC No.67 of 2019
                         WPO No.891 of 2016
                  IN THE HIGH COURT AT CALCUTTA
                   CIVIL APPELLATE JURISDICTION
                            ORIGINAL SIDE

 PUNJAB NATIONAL BANK (ERSTWHILE UNITED BANK OF INDIA) &
                         ANR.
                         Versus
              RAGHUNATH KARFA AND ORS.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice ANIRUDDHA ROY
Date: 26th November 2021.

(Via Video Conference)
                                                          Appearance:
                                               Mr. Samrat Sen, Sr. Adv.
                                          Mr. Abhishek Banerjee, Adv.
                                              Mr. Joydip Banerjee, Adv.
                                          Mr. Debasish Banerjee, Adv.
                                        Ms. Parna Roy Choudhury, Adv.

                                          Mr. Soumya Majumder, Adv.
                                             Mr. Mainak Ganguly, Adv.


       The Court: Mr. Majumder, learned advocate for the respondents

takes point of maintainability of the appeal. He submits that in the

impugned judgment and order dated 8 th November, 2021 this court has

not exercised its contempt jurisdiction against the bank. This is so

because the bank which is not a party has been directed to recover

Rs.10 lakhs from each of the alleged contemner nos.2, 4 and 6 and pay

a total sum of Rs.30 lakhs to the petitioner. Hence, no appeal lies

under section 19 of the Contempt of Courts Act, 1971.

Prima facie we are not inclined to accept this argument.

The bank is not a party to the contempt proceedings. By the

impugned order the bank has been enjoined with a duty to recover the

said amount from the alleged contemners. This part of the order, in our

opinion, is an exercise of jurisdiction outside the domain of the

contempt proceedings. The appellant is perfectly within its rights to

seek leave of this court as a third party affected by the order to prefer

an appeal from it under Clause 15 of the Letters Patent.

However, we keep the maintainability point open to be finally

argued and decided at the time of hearing of the appeal.

Order in terms of prayer (a) of the stay petition.

The appellant shall immediately by 1st December, 2021 deposit a

sum of Rs.30 lakhs with the learned Registrar, Original Side, High

Court, Calcutta, who shall invest the said sum with the Standard

Chartered Bank, Church Lane, Kolkata in a term deposit earning the

highest rate of interest, upon intimation to the parties.

As the respondents are represented by learned counsel, issuance

and service of the notice of appeal is dispensed with.

We expedite hearing of the appeal dispensing with all formalities.

Let informal paper books be filed by the advocate-on-record for

the appellants by 24th December, 2021, serving a copy thereof upon the

advocate-on-record for the respondents at least seven days before the

date of hearing of the appeal.

List this appeal for hearing on 17th January, 2022.

The connected application (IA No.GA 1 of 2021) is disposed of.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)

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