(1.) This Rule has been issued on an application for contempt filed under Section 215 of the Constitution of India read with Section 10 of the Contempt of Court Act, 1971 alleging commission of criminal contempt. It is alleged that the respondents filed a frivolous suit being Title Suit No. 764 of 2002 and in connection with the same, moved an application for injunction by affirming false affidavit and obtained an ex parte interim order of stay, inter alia, of further proceeding of the arbitration, which was being conducted in London. It was further alleged that subsequently, the respondents consented to return of plaint of the said suit and such acts amounted to lowering the authority of and interfering with due process of judicial proceedings and obstructing the administration of justice, inter alia, of the learned City Civil Court at Calcutta.
(2.) Although the said application was stated to be one alleging criminal contempt, the consent of the learned Advocate General was not received prior to moving the said application.
(3.) A Division Bench of this Court on the aforesaid application on 5th February, 2003 issued the aforesaid Rule in the following term: