Srei Infrastructure Finance Ltd. ... vs Rakesh Sharma
2023 Latest Caselaw 3132 Cal

10   02.05.         IN THE HIGH COURT AT CALCUTTA
     2023                   Civil Appellate Jurisdiction
                              (Commercial Division).
     Ct. No. 37
                                    -----------

Ab

CPAN 70 of 2023 IA No. CAN 1 of 2023 IA No. CAN 2 of 2023 IA No. CAN 3 of 2023 IA No. CAN 4 of 2023 IA No. CAN 5 of 2023 IA No. CAN 6 of 2023 IA No. CAN 7 of 2023 SREI Infrastructure Finance Ltd. and another.

Vs.

Rakesh Sharma, CMD IDBI Bank Ltd. 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. 45.

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

... for the alleged contemnor no. 34

Mr. Joy Saha.

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

... for the alleged contemnors nos. 1-11, 16, 18,20, 21 and 33.

Mr. Ayush Jain, Ms. Deepti Priya.

... for the alleged contemnor no. 79.

Mr. Joydeep Guha.

... for the alleged contemnor nos. 80-91 & 93.

Our attention is drawn to the order dated 9th March 2023 passed in the instant contempt application wherein this Court directed this matter to be listed after the judgment is delivered in CPAN 922 of 2022.

The reason for passing the aforesaid order was that the instant contempt application and the other contempt application being CPAN 922 of 2022 are filed alleging violation of the selfsame orders. The judgment in CPAN 922 of 2022 had already been delivered and the instant contempt application had been listed in terms of the said direction.

However, it is pointed out that an application seeking recalling or alternatively clarification of the judgment and order delivered in CPAN 922 of 2022 has been taken out by the applicants therein, which has been directed to be listed on 11th May 2023.

In view of the above, we feel that the instant contempt application should also be taken up immediately after the aforesaid application filed under CPAN 922 of 2022 and, therefore, let this matter be listed on 11th May 2023 to be taken up at the first sitting of the Court.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)