Ansar Ahmed And Ors vs Firhad Hakim And Ors
2025 Latest Caselaw 7 Cal/2

Calcutta High Court

Ansar Ahmed And Ors vs Firhad Hakim And Ors on 1 May, 2025

OD-3
                                ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                         Special Jurisdiction (Contempt)
                                 ORIGINAL SIDE

                                 CC/64/2025

                           ANSAR AHMED AND ORS.
                                  VERSUS
                           FIRHAD HAKIM AND ORS.


  BEFORE:
  The Hon'ble JUSTICE RAI CHATTOPADHYAY
  Date : 1st May, 2025
                                                                                Appearance:
                                                               Mr. Srijib Chakraborty, Adv.
                                                                   Mr. Aditya Mondal, Adv.
                                                                Mr. Lalratan Mondal, Adv.
                                                                         ...for the petitioners

                                                         Mr. Abhratosh Majumdar, Sr. Adv.
                                                               Mr. Deepan Kr. Sarkar, Adv.
                                                                   Mr. Sourav Bhagat, Adv.
                                                                    Mr. Jishnujit Roy, Adv.
                                                                     Ms. Deepti Priya, Adv.
                                                              ...for the alleged contemnors



     The Court: Mr. Chakraborty for the petitioners has elaborately argued

that a rule should be issued immediately in the instant contempt petition,

directing the alleged contemnor to answer the same.

     During his argument, he has relied on the relevant provisions under the

Calcutta High Court Contempt of Courts Rules, 1975, as well as certain

precedents, as follows:-

     i.     (2006) 2 CHN 627 (Heinz India Pvt. Ltd. & Ors. Vs. Glaxo Smithkline

            Consumer Healthcare Limited);

     ii.    2023 SCC OnLine Cal 3616;

     iii.   2009 SCC OnLine Cal 1449 (Sachin Haider vs. Md. Shaid);
                                         2



     iv.     (1973) 1 SCC 446 (Shri Baradakanta Mishra Ex-Commissioner of

             Endowments vs. Shri Bhimsen Dixit);

     The alleged contemnors are also represented.

     A preliminary point as against the maintainability of this contempt

petition has been raised by the alleged contemnors, that the petitioners have

not been able to produce any material cogent and tangible, in order to

substantiate its allegation of violation of the Court's order by the said alleged

contemnors, much less any deliberate and willful violation thereof.

     Mr. Sarkar, learned Advocate for the alleged contemnors has submitted

that even though the contempt petition has been filed by the petitioners after

lapse of a considerable period of time from the date of the judgment of this

Court, but still they have not made any endeavour before making allegedly

baseless and false allegations against the alleged contemnors regarding non-

compliance with the Court's order, to ascertain the latest position.

     By dint of its judgment dated April 4, 2024, the Court has directed as

follows:-

     "(45)   The writ petitions being no. WPO 120 of 2021 and WPO 121 of

     2021 are allowed. Decision of the respondent/Corporation to declare the

premises No. 20B, Karl Marx Sarani, as a heritage building, is set aside.

The respondent Corporation is directed to immediately delist the premises

No. 20B, Karl Marx Sarani, Kolkata-700023, from the 'Graded List' of

Heritage Building."

Since Mr. Chakraborty for the petitioners has elaborately argued as to

why a rule should be immediately issued by referring to the provisions of rules

as well as the judgments as above, the exigency of the situation demands that

the alleged contemnors be allowed to file affidavit-in-opposition as regards the

contempt petition to controvert, if at all, the submissions and prayer of the

petitioners.

For the reasons as above, it is directed that the alleged contemnors shall

file affidavit-in-opposition within a period of three weeks from date. Affidavit-in-

reply shall be filed, if any, by the petitioners within two weeks thereafter.

This matter shall appear in the list on 10th June, 2025.

(RAI CHATTOPADHYAY, J.)

sg.