Somnath Chatterjee vs Sharmila Shetty
2025 Latest Caselaw 2073 Cal/2

Calcutta High Court

Somnath Chatterjee vs Sharmila Shetty on 3 April, 2025

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD - 15 & 16

                                  ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
               TESTAMENTARY & INTESTATE JURISDICTION
                                ORIGINAL SIDE


                                  TS/23/2016
                          IA NO: GA/6/2023, GA/7/2024

                               IN THE GOODS OF:
                              USHA BAROOAH (DEC)
                                     - AND-
                             SOMNATH CHATTERJEE
                                      -VS-
                               SHARMILA SHETTY
                                      With
                                   CC/30/2025

                            SOMNATH CHATTERJEE
                                    VS
                          SHARMILA SHETTY AND ORS


BEFORE:
THE HON'BLE JUSTICE SUGATO MAJUMDAR
Date: 3rd April, 2025
                                                                     Appearance:
                                                     Mr. Ratnanko Banerji, Sr. Adv.
                                                         Mr. D.N. Sharma, Sr. Adv.
                                                            Mr. Anunoy Basu, Adv.
                                                                ...for the Petitioner



      The Court: CC No. 30 of 2025 is filed by the Petitioner alleging willful,

contumacious and deliberate disregard and disobedience of the order dated

07/07/2023

, passed by Justice Krishna Rao.

It is contended that the interim order was originally passed by the brother Judge,

Justice Rao, but has been extended from time to time by this Court, on change of

determination.

This Court extended the original interim order from time to time. Allegation is

that the alleged acts are committed in utter disregard of the ad-interim order passed by

my brother Judge, Justice Rao.

Rule 15 of the Contempt of Court Rules, 1975, framed by this Court states:

"Rule 15.-All petitions in connection with a civil contempt grounded on

willful disobedience to a judgment decree, direction, order or other process

of a court or willful breach of an undertaking given to a court shall be heard

by the Judge or Judges who passed the judgment or the decree or gave the

direction or the order or issued the writ or other process or before whom the

undertaking was given."

In view of the clear provision, as aforesaid, this application should be heard by

the Bench who passed the order and "gave the direction".

Accordingly, the instant application being CC No. 30 of 2025 is released by this

Bench for placing the same before Justice Rao.

Discoveries, inspection of documents, admission and denial of the same is yet to

be complete on behalf of the Defendants. None appeared for the Defendants today.

Mr. Banerjee, the Learned Senior Counsel for the Plaintiff filed Judges' Brief of

Documents today. Let the same be kept in record.

Discoveries and inspection, admission and denial of documents shall be finished

by the Defendants on or before the returnable date, in default, it would be presumed

that the Defendants have no document to disclose or inspect.

Fix 11/04/2025 for framing of issues of hearing applications.

(SUGATO MAJUMDAR, J.)