Ashok Kumar Paul vs Uco Bank
2022 Latest Caselaw 2820 Cal/2

                                                                    OD-2

                           I.A./G.A./1/2019
                              EC/85/2017
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE


                          ASHOK KUMAR PAUL
                                 VS
                              UCO BANK


  BEFORE:
  The Hon'ble JUSTICE BIBHAS RANJAN DE

Date : 22ND NOVEMBER, 2022.

Appearance:

Mr. Rohit Banerjee, Adv.

..Special Officer

THE COURT: Learned Special Officer is present today before this

Court.

From the records it appears that on 27th September, 2022, the

learned Special Officer was present before this court and the learned

Advocate-on-record, Ms. Tarunika Pal and Mr. Nilanjan Adhikary were

present representing the West Bengal Cooperative Spinning Mills

Limited. After hearing both sides, this Court issued Contempt Rule

against the Director of West Bengal Cooperative Spinning Mills Limited

through the Registrar, Original Side.

Subsequently, on 29th September, 2022, the Registrar, Original

Side was directed by this Court not to issue the Contempt Rule until

further order.

In fact, by virtue of Section-23 of the Contempt Courts Act, 1971

and by Article 215 of the Constitution of India, this Hon'ble High Court

framed a Rule, i.e. Calcutta High Court Contempt of Courts Rules, 1975.

For the sake of convenience, Rule-15 of the Calcutta High Court

Contempt of Courts Rules, 1975 (Notification no.10171-G dt.22nd

August, 1975), is extracted hererinbelow:-

"15. All petitions in connection with a civil contempt grounded on

willful disobedience to a judgement, decree, direction, direction order

or other process of a Court or willful breach of an undertaking given

to a Court shall be heard by the Judge or Judges who passed the

judgment or the decree or gave the direction or the order or issued

the writ or other process or before whom the undertaking was

given."

From the aforesaid Rule, it is clear that in case of disobedience to a

judgement, decree, direction, direction order or other process of a Court

or willful breach of an undertaking given to a Court shall be heard by the

Judge or Judges who passed the judgment or the decree or gave the

direction or the order or issued the writ or other process or before whom

the undertaking was given.

In this matter, the order was passed by the Hon'ble Justice Ravi

Krishan Kapur on 17th August, 2022 directing the applicant, i.e. West

Bengal Co-operative Spinning Mills Limited to pay the remuneration of

the learned Special Officer, Mr. Rohit Banerjee but that was not complied

with by the West Bengal Co-operative Spinning Mills Limited and thereby

the order of the Hon'ble Justice Ravi Krishan Kapur, is alleged to have

been violated and therefore, the matter is required to be taken up by the

same Hon'ble Judge by virtue of Rule-15 of the Calcutta High Court

Contempt of Courts Rules, 1975.

In view of the aforesaid, the order dated 27th September, 2022

passed by this Court calls for no action.

The Special Officer is at liberty to take recourse to the provisions of

Rule-15 of the Calcutta High Court Contempt of Courts Rules, 1975

before the Hon'ble Judge passing the order dated 17th August, 2022.

[BIBHAS RANJAN DE, J.]

ssaha AR(CR)