Calcutta High Court (Appellete Side)
Omkar Shaw vs Biplab Dutta & Ors on 6 December, 2022
36,37
06.12.2022
mb
C.P.A.N. 928 of 2022
in
W.P.A. No. 8355 of 2022
with
IA No. C.A.N. 1 of 2022
Omkar Shaw
-vs.-
Biplab Dutta & Ors.
Mr. Partha Sarathi Maitra
...for the petitioners
Mr. Somnath Bose
...for the CESC Limited
Mr. Anjan Bhattacharyya,
Mr. Sunny Nandy,
Mr. Purnendu Maity
...for the alleged contemnors
In Re.: C.A.N. 1 of 2022
Learned counsel appearing for the applicants in the
recall application submits that upon an appeal having
been preferred against the order dated June 06, 2022,
the appellate court disposed of the appeal with leave to
the private respondents in the original writ petition (the
present recall applicants) to prefer an application for
recall/modification before this Court. Pursuant to such
leave, the present application has been filed.
It is submitted on behalf of the applicants that the
observations in the order dated June 06, 2022, to the
effect that the private respondents nos. 5 to 7 submit
that the landlords/private respondents have no objection
if the electricity connection is given in the name of the
petitioner in the writ petition from the portion of the
premises-in-question under occupation of the petitioner,
be recalled/expunged.
It is contended that the private
respondents/present applicants never gave any such
instruction and, as such, the said portion of the order be
deleted. It is further submitted that the order dated June
06, 2022 may have the effect of otherwise creating an
equity against the present applicants. As such, the same
ought to have been clarified in the order to the effect that
no special equity is created against or in favour of any of
the parties.
Learned counsel appearing for the
respondent/original writ petitioner submits that the
order is very clear to the effect that the observations
made therein shall not affect the civil suit pending
between the petitioner and the private respondents before
the competent court. Moreover, it is submitted that since
the Court merely recorded the submissions of counsel,
there is no scope for recalling or modifying the order
dated June 06, 2022.
Heard learned counsel for the parties.
It transpires that the order dated June 06, 2022
records that the learned counsel appearing for the private
respondent nos. 5 to 7 submitted that the
landlords/private respondents have no objection if the
electricity connection is given in the name of the
petitioner from the portion of the premises-in-question
under occupation of the petitioner.
First, the said recording of the submissions made
by learned counsel for the private respondent nos. 5 to 7
was not a finding or observation on merits of the matter
at all, but a mere reflection of what was submitted in
court. Moreover, it was never recorded in the order that
the private respondent nos. 5 to 7 themselves submitted
that they had no objection, but only the submission of
the learned counsel for the said parties was recorded.
In any event, the said order also contains a finding
that any observation made therein shall not affect the
civil suit pending between the petitioner and the private
respondents before the competent civil court. Moreover,
it is well-settled that mere giving of an electricity
connection cannot confer or take away any special right,
title or equity in favour of or against any person. As
such, the prayer made in the present correction/recall
application is not tenable in the eye of law.
Accordingly, C.A.N. 1 of 2022 is dismissed without,
however, any order as to costs.
In Re.: C.P.A.N. 928 of 2022
Learned counsel appearing for the applicant in the
contempt application submits that despite a direction of
this Court being clearly enumerated in the order dated
June 06, 2022 passed in W.P.A No. 8355 of 2022, to the
effect that the CESC Limited shall give a new electricity
connection to the portion of the premises as directed
therein, and the petitioner having already deposited the
necessary amounts for the CESC Limited to give such
connection, the same could not be given to the petitioner
due to resistance offered by the alleged contemnors.
It is submitted that, as such, the alleged
contemnors are guilty of deliberate violation of the
specific order of this Court.
Learned counsel apearing for the alleged
contemnors submits that initially an appeal was
preferred against the order which is in contempt, which
was disposed of in the month of July, 2022. Thereafter,
pursuant to leave granted by the appellate court, an
application for correction/recall was filed. Due to the
pendency of the said application, the alleged contemnors
could not comply with the order of this Court.
The explanation proffered by the alleged
contemnors is quite lame to the extent that it is not for
the judgment-debtor to interpret an order in its own
manner and patently violate the same, more so, when the
appeal was disposed as long back as on July, 2022.
However, since the primary purpose of the Court is
to ensure that its orders are complied with and not
merely to mete out punishments, on the prayer of learned
counsel for the alleged contemnors, the CESC Limited is
directed to give a new electricity connection to the
petitioner, as per the direction incorporated in the order
dated June 06, 2022 in W.P.A. No. 8355 of 2022, within
December 13, 2022. The alleged contemnors shall not
create any hindrance or obstruction to the CESC Limited
personnel in doing so.
The matter shall next be listed under the heading
"To Be Mentioned" on December 14, 2022 for passing
final order.
(Sabyasachi Bhattacharyya, J.)
