Vijay Kumar Berlia vs Parimal Vibhash Mehta And Ors
2023 Latest Caselaw 409 Cal/2

OD-3
                                 ORDER SHEET

                                  CC/71/2022

                      IN THE HIGH COURT AT CALCUTTA
                         Special Jurisdiction (Contempt)
                                 ORIGINAL SIDE

                           VIJAY KUMAR BERLIA
                                 VERSUS
                     PARIMAL VIBHASH MEHTA AND ORS.

  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 10th February, 2023 Appearance:

Mr. Sagar Bandopadhyay, Adv.

Mr. Lalit Baid, Adv.

Mr. Tamoghna Saha, Adv.

..for the petitioner

Mr. S. E. Huda, Adv.

..for the alleged contemnors

The Court: The petitioner is the defendant no.3 in the suit filed by

the plaintiffs being CS/12/2009.

The petitioner, through learned counsel, says that the defendant

no.15 (the Directors of the defendant no. 15 Company) and its various office

bearers have flouted a judgment and order passed by this Court on 4th

October, 2021. The alleged non-compliance relates to a direction passed by

the Court of a fresh valuation to be undertaken of the land which is sold to a

third party through an accredited Valuer based in Maharashtra.

The directors of the defendant no.15 Company are the alleged

contemnors. The defendant no. 15 was directed to appoint an independent

Valuer for the purpose of conducting a fresh valuation of the Thane

property.

Learned counsel appearing for the alleged contemnors submits

that the alleged contemnor no.3 retired before the judgment dated 4th

October, 2021. Counsel submits that there has been no violation of the

directions given by the Court by the judgment in contempt.

Let affidavit-in-opposition be filed by the alleged contemnors within

three weeks from today; reply thereto, if any, may be filed within two weeks

thereafter. List this matter after five weeks.

(MOUSHUMI BHATTACHARYA, J.)

sg.