Srei Infrastructure Finance Ltd. ... vs Lakshmi Niwas Mittal And Others
2023 Latest Caselaw 3131 Cal

11   02.05.            IN THE HIGH COURT AT CALCUTTA
     2023                      Civil Appellate Jurisdiction
                                 (Commercial Division).
     Ct. No. 37
                                        -----------

Ab

CPAN 434 of 2023 IA No. CAN 1 of 2023 IA No. CAN 1 of 2023 SREI Infrastructure Finance Ltd. and another Vs.

Lakshmi Niwas Mittal and others.

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Mr. Deepak Khosla, Mr. Rohan S. Nandy.

... for the applicants.

Mr. S. N. Mitra, Mr. Sankarsan Sarkar, Mr. Aditya Kanodia, Mr. Tanmoy Sett.

... for the SREI IFL.

Mr. Jishnu Saha, Mr. Amitabh Shukla, MS. Ruby Singh Ahuja, Mr. A. P. Shukla.

... for the alleged contemnor no. 4.

Mr. Sudipta Sarkar, Mr. D. Basu Mullick.

... for the alleged contemnor no. 14.

Mr. Jaydip Kar, Mr. Abhishek Swaroop, Mr. Arkaprava Sen.

... for the alleged contemnor no. 15

Mr. Joy Saha.

Mr. Parth Gokhale, Mr. Sakabda Roy, Ms. Trisha Mukherjee, Ms. Moulshree Shukla, Mr. Chetan Kumar Kabra.

... for the alleged contemnors nos. 16, 21, 23, 25, 26, 38, 64.

The instant contempt application has been taken up alleging the willful and deliberate violation of the

orders passed in a different proceeding by the Division Bench, which was also alleged to have been violated in CPAN 922 of 2022.

According to the applicants, the instant contempt application has been taken out on an additional disclosure of the conduct of the parties and the facts discerned and, therefore, have no bearing on the decision taken by this Court in CPAN 922 of 2022.

However, Mr. S. N. Mitra, learned Senior Advocate, along with Mr. Aditya Kanodia, learned Advocate, appeared and objects to the maintainability of the contempt application at the behest of the applicants, which is obviously represented by Mr. Deepak Khosla, learned Advocate, along with Mr. Rohan S. Nandy, learned Advocate.

We do not intend to go into such aspect and keep the point open to be decided at a later stage of the proceeding.

We had an occasion to peruse the averments made in paragraph 15 onwards, wherefrom it appears that the allegation as to the violation of the aforesaid orders primarily relate to the conduct of the alleged contemnors pre 13th March 2023 (the judgment disposing of the CPAN 922 of 2022). The aforesaid pleadings give a further impression on us that the submission of Mr. Khosla which it is founded upon the additional facts or discovery of the facts subsequent to 13th March 2023 has to be first ascertained on the basis of the decision to be taken in an application seeking recall or alternatively clarification of the said judgment/order dated 13th March 2023. The aforesaid observation may get impetus from the averments made in paragraph 36 to 38 of the instant contempt application.

Since the said application seeking recall or alternatively clarification of an order dated 13th March 2023 passed in CPAN 922 of 2022 is directed to be listed on 11th May 2023, this matter should also be listed on

the said date after the aforesaid application in the supplementary list.

Let photostat certified copy of this order, if applied for, be available to the respective parties within three days from the date of application on priority basis.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)