Contempt Order – Swastika Sen (nee Mukherjee)

Kolkata High Court Order Sheet
CC No. 176 of 2008
IN THE HIGH COURT AT CALCUTTA

PRITAM SEN
Versus
SMT. SWASTIKA SEN (NEE MUKHERJEE)

Appearance: Mr. Moloy Ghosh, Adv. led by Mr. Pratap Chatterjee, Sr. Adv.
Mr. Krishnendu Gooptu, Adv.

BEFORE: The Hon’ble JUSTICE MAHARAJ SINHA

The alleged contemnor was personally present in court this morning pursuant to the Rule issued against her earlier.
Mr. Ghosh, learned counsel appearing on behalf of the alleged contemnor, made submissions first and then Mr. Chatterjee, learned senior counsel, made his submissions on behalf of the alleged contemnor and offered to pay cost of 500 Gms. (=Rs.8,500/-) imposed upon the alleged contemnor by my earlier order dated 25 September 2008 by a Pay Order.

Since Mr. Gooptu,learned counsel on behalf of the plaintiff is present in court, Mr.Gooptu will accept the Pay Order for due payment of the cost imposed upon the alleged contemnor without prejudice to the rights and contentions of the plaintiff in the pending contempt proceeding.

Similarly, the alleged contemnor pays the cost wholly without prejudice to her right in the pending appeal preferred against the above order.

The particulars of the Pay Order are as follows:

The Pay Order No. “101612“, drawn on ICICI Bank, is for a sum of Rs. 8,500/- in favour of Pritam Sen, the plaintiff.

It is recorded that the Pay Order is accepted by Mr. Gooptu,learned counsel on behalf of the plaintiff.

In view of the personal appearance of the alleged contemnor this morning, her personal appearance is dispensed with for the time being until further order.

Both Mr. Ghosh and Mr. Chatterjee, however, tendered unconditional apology on behalf of the alleged contemnor for the delay in complying with the order in question.

The following direction, however, is given for using affidavits for hearing the contempt proceedings on merits.

Let the affidavit in opposition be used by the alleged contemnor herself by 12 January 2009. For that purpose, a copy of the contempt petition will be served upon the alleged contemnor or her advocate on record by Tuesday next.

The affidavit in reply, if any, be used by 19 January 2009.

Let the matter be listed under the heading “Contempt Matter” on 21 January 2009.

All concerned are to act on a xeroxed signed copy of this order on the usual undertakings.

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