Research › Search › Judgment

Calcutta High Court · body

2018 DIGILAW 564 (CAL)

Sulakshana Burman v. Anil Kumar Bandyopadhyay

2018-08-13

SABYASACHI BHATTACHARYYA

body2018
JUDGMENT : The alleged contemnor nos. 1, 4 and 5 are present in Court today, as well as represented by counsel. The petitioner is also represented. 2. It is submitted on behalf of learned counsel for the alleged contemnor nos. 1 and 4 that the alleged contemnor no. 2 died on February 25, 2018 and produces a photocopy of a purported death certificate to establish such fact. It is also submitted that alleged contemnor no. 3 has been suffering from paralysis for quite some time and a medical certificate is produced in support of such contention. 3. It is submitted on behalf of the alleged contemnor no. 5 that the said alleged contemnor was not aware previously about the said order passed by this Court and restrained his hands immediately upon coming to know of such order. 4. On the other hand, learned counsel for the alleged contemnor nos. 1 and 4 submits that they were also not aware of such order and did not proceed upon coming to know of the same. 5. It is commonly submitted by both such learned counsel for the appearing alleged contemnors, that the allegation made in the contempt petition as to all the alleged contemnors being present at the locale when the alleged violation took place, is palpably incorrect because alleged contemnor nos. 2 was deceased long back and alleged contemnor no. 3 has been suffering from paralysis, making him immobile and impossible for him to attend when the alleged violation took place. 6. In view of such contentions, alleged contemnors/opposite party nos. 1, 3, 4 and 5 are directed to file their affidavits-in-opposition to the contempt petition within one week, indicating their respective stands, annexing thereto any relevant document, if such alleged contemnors so feel necessary, to establish their stands. Reply/replies, if any, to be filed within one week thereafter. 7. Let the matter appear under the same heading on September 3, 2018, when the alleged contemnor nos. 1, 4 and 5 will again be present personally. 8. Personal appearance of alleged contemnor no. 3 is dispensed with for the present, in view of the prima facie case made out for his absence, however, subject to any further order which may be passed on the next returnable date.