Calcutta High Court
M/S. Anndata Developers Pvt Ltd vs Arti Verma And Ors on 22 November, 2022
OD 22
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
CC/19/2022
M/S. ANNDATA DEVELOPERS PVT LTD.
VERSUS
ARTI VERMA AND ORS.
BEFORE:
The Hon'ble Justice SABYASACHI BHATTACHARYYA
Date : 22nd November, 2022.
APPEARANCE:
Mr. Susovan Sengupta,Adv.
... for Petitioner.
Mr. Aaunavo Basu,Adv.
...for Contemnor.
The Court :- Learned Counsel for the petitioner in the contempt
application hands up a copy of an order dated November 17, 2022 passed by
the Division Bench in connection with APOT No. 111 of 2022 and APOT 112 of
2022, with connected applications. By way of the said judgment, the Division
Bench not only affirmed the order of the Single Bench but also imposed costs
of Rs. 10,000/- on the client, that is, the alleged contemnor for having filed a
"completely meritless and frivolous" appeal and application.
Learned Counsel appearing for the alleged contemnor seeks to impress
upon the Court that there has been misunderstanding on the part of the
alleged contemnor that she was required to vacate only the second floor portion
in her occupation and not the fourth floor portion. However, learned Counsel
for the petitioner rightly points out that the said submission had been made
before the Division Bench as well and the Division Bench, by its order dated
November 17, 2022 (in paragraph 22 thereof), had specifically recorded such
submission and had observed that it was difficult for the Division Bench to
believe the submission that Arti (the alleged contemnor) was under the bona
fide impression that under the order dated January 31, 2022 she was required
to vacate only the second floor portion of her occupation and not the fourth
floor portion. The arrangement delineated by the Single Bench had been
affirmed.
It was categorically observed by the Division Bench as well, that there is
no ambiguity or lack of clarity in the said order.
In view of the said repeated attempts of the alleged contemnor to mislead
the Court, it cannot but be said that the alleged contemnor has left no stone
unturned to avoid the order of the Court.
In view of the pendency of the appeal till now, it would not be proper to
issue a writ of contempt at this stage, since it would be an extreme measure
and there is some modicum of doubt as to whether there was any
contumacious act, inasmuch as the appeal at the behest of the alleged
contemnor was pending in the interregnum.
However, there cannot be any reason to permit the alleged contemnor to
further continue in her illegal and unlawful occupation of both the second floor
and the fourth floor of the premises.
In the teeth of the Division Bench order, there is no scope for granting
further opportunity to the alleged contemnor to reside at the premises. The
alleged contemnor is, thus, directed to immediately vacate the entire premises,
that is, the entire portion of the premises of 138, Utkalmoni Gopabandhu
Sarani (formerly known as Cotton Street), Kolkata - 700007 under her
occupation in terms of the order dated October 19, 2021, as reiterated in the
Division Bench order dated November 17, 2022. Such vacant and peaceful
possession of the premises shall be handed over by the alleged contemnor to
the petitioner and/or the petitioner's authorized representative/agent by the
midnight of November 23, 2022.
The learned Advocate-on-Record appearing for the alleged contemnor
shall intimate to the petitioner and/or the petitioner's Advocate-on-Record the
exact appointed day and time when such possession will be handed over. The
possession will be handed over in the presence of the petitioner and the alleged
contemnor and/or the authorized representative(s) of the petitioner and the
alleged contemnors positively by the deadline fixed by this Court.
The matter shall next be enlisted on November 29, 2022 for passing final
order in the contempt application.
In the event any obstruction to handing over such possession is offered
by the alleged contemnor and/or her men and agents and/or the alleged
contemnor fails to obey such order of this Court, it will be open to the
petitioner and/or the authorized representative/agent of the petitioner to
approach the local police station, that is, the Posta Police Station for grant of
police assistance in that regard.
If so approached, the Officer-in-Charge/Inspector-in-Charge of the said
police station shall immediately grant adequate forces for assisting the
petitioner to get back the possession of the property in question. The costs for
such police help shall be borne by the petitioner.
The police as well as all concerned shall act on the written
communication of the learned Advocates for the parties and shall act on the
server copy of this order, without insisting upon the prior production of a
certified copy thereof.
(SABYASACHI BHATTACHARYYA,J.)
s.chandra
