Ranjit Majumder And Ors vs Sri Vineet Kumar
2023 Latest Caselaw 1729 Cal/2

OD-3
                      IN THE HIGH COURT AT CALCUTTA
                      SPECIAL JURISDICTION(CONTEMPT)
                                 ORIGINAL SIDE

                                CC 28 OF 2022
                                    WITH
                             WPO 1423 OF 2021
                              IN THE MATTR OF:
                         RANJIT MAJUMDER AND ORS.
                                     VS
                   SRI VINEET KUMAR, CHAIRMAN AND ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 28th July, 2023.
                                                                       Appearance:
                                                      Mr. Soumya Majumder, Adv.
                                                         Mr. Mainak Ganguly, Adv.
                                                    For applicants/writ petitioners
                                                             Mr. Jishnu Saha, Adv.
                                                          Mr. Ashok Kr. Jena, Adv.
                                                               Mr. Pranit Bag, Adv.
                                                        For alleged contemnor no.1
                                                                 Mr. D.N. Roy, Adv.
                                                  Mr. Sunil Kumar Singhania, Adv.
                                                  Mr. Raja Satyajit Banerjee, Adv.
                                                   Miss Krishnika Chatterjee, Adv.
                                                      Miss Sudipta Pramanik, Adv.
                                                       For respondent nos. 2 and 3

The Court : The contempt petition arises out of an order dated 7th

February, 2022 as corrected by the order dated 16th February, 2022 passed in

WPO 1423 of 2021. The order under contempt was carried on in appeal by the

Board of Major Port Authority For The Shyama Prasad Mookerjee Port, Kolkata

by filing an appeal being APOT 109 of 2022. The appeal along with the connected

applications filed therein were disposed of by a judgment and order dated 28th

June, 2023.

It is submitted by the petitioners that in view of the recent Special Bench

judgment of this Court since the Appellate Court did not interfere and/or modify

the order under contempt, the contempt application is maintainable before this

Bench.

It is further submitted by the petitioners that the Ministry of Shipping

being the respondent nos. 2 and 3 in the writ petition had by a memo dated 9th

June, 2022 instructed the Chairman, Shyama Prasad Mookerjee Port that the

order under contempt be complied with in the event the appeal fails. A copy of

the said memo dated 9th June, 2022 made over to Court is retained with the

records.

On behalf of Shyama Prasad Mookerjee Port and the alleged contemnor

no.1, it is submitted by Mr. Ashok Kr. Jena, learned advocate that steps are

being taken to comply with the order after the appeal being disposed of without

interfering with the order impugned. However, a decision as to the payment of

arrears to the petitioners are concerned nothing has yet been decided.

In the aforesaid facts and circumstances, the Shyama Prasad Mookerjee

Port and the alleged contemnor no.1 are directed to comply with the order and

file an affidavit clearly explaining therein as to any embargo to comply with any

part of the order under contempt.

Let such affidavit be filed by 18th August, 2023; reply, if any, thereto be

filed by 29th August, 2023.

Similarly alleged contemnor nos.2 & 3 are also permitted to use an affidavit

dealing with the situation post disposal of the appeal without interfering with the

order impugned as they have already filed an affidavit. The affidavit-in-opposition

by the alleged contemnors no.2 & 3 be filed by 18th August, 2023; reply, if any,

be filed by 29th August, 2023.

Let this matter appear in the list on 1st September, 2023.

(ARINDAM MUKHERJEE, J.)

sb/