Syed Imteyaz Husain vs Dhaval Jain And Ors
2025 Latest Caselaw 1206 Cal/2

Calcutta High Court

Syed Imteyaz Husain vs Dhaval Jain And Ors on 13 February, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD-3
                                   CC/11/2025

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

                                       SYED IMTEYAZ HUSAIN

                                               -Versus-

                                       DHAVAL JAIN AND ORS.

BEFORE :
THE HON'BLE JUSTICE ARIJIT BANERJEE

And THE HON'BLE JUSTICE APURBA SINHA RAY Date : 13th February, 2025 Appearance:

Mr. Syed H. Huda, Adv.

Mr. Sk. Aptabuddin, Adv.

...for the petitioner.

Mr. Alak Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

...for the KMC.

The Court: This contempt application has been taken out alleging

wilful violation of the judgment and order dated April 2, 2024 whereby

APOT/161/2023 (Syed Imteyaz Husain Vs. The Kolkata Municipal

Corporation & Ors.) was disposed of by this Bench. The operative portion of

the said order reads as follows:

"In view of the aforesaid, we direct Arsalan to carry out the directions contained in paragraphs 2 to 4 of the operative portion of the order of the Special Court (Building), KMC, dated June 17, 2019, within a month from date and file a report before the competent authority in KMC indicating compliance of the order. In any event, after a month from date, the concerned officers of KMC shall inspect the property in question to ascertain whether the aforesaid directions have been carried out by Arsalan. If they find that the directions

have been given effect to, the matter would end there. If KMC finds that such directions have not been carried out by Arsalan, KMC shall carry out such directions at the cost of Arsalan.

We further clarify that the directions (a), (b), (c) and (d) on the last page of the Special Officer's order shall also be carried out by Arsalan within a month from date, failing which appropriate steps should be taken by KMC against Arsalan, in accordance with law."

Learned Advocate for the petitioner says that in spite of due

communication of the order, the alleged contemnors have not complied with

the same.

Let service of this contempt application be effected on the alleged

contemnors and affidavit of service be filed in Court on the next date. Let a

copy of this contempt petition be also made available to Mr. Ghosh, learned

senior Counsel who has entered appearance on behalf of the alleged

contemnors.

List this matter four weeks hence (March 13, 2025).

We clarify that pendency of this application shall not stand in the

way of the alleged contemnor complying with the order in question. If, before

the next date, the order in question stands complied with by the alleged

contemnors, compliance report should be filed in Court.

(ARIJIT BANERJEE, J.)

(APURBA SINHA RAY, J.) As.