BRIJ RATAN MOHTA Vs. AMARENDRA KUMAR SINGH

JUDGEMENT

(1.) This application for contempt was presented before this Court by the petitioner, Brij Ratan Mohta, alleging willful and deliberate violation of an order dated December 9, 2014 passed by a coordinate bench of this Court, of which one of us (Arijit Banerjee, J.) was a member, while disposing of F.M.A. 3285 of 2013.

(2.) A learned Single Judge of this Court while disposing of WP 16514 (W) of 2013 had required the respondents in the appeal to deliver vacant and peaceful possession of premises nos. 3 and 4/1, Sarbamangala Lane, Kolkata (hereafter the said premises) to the petitioner within two weeks from date of communication thereof. For wrongful possession of the said premises, the respondents were further required to assess and pay damages to the petitioner at the current market rental rate with effect from April 1, 1997 until possession is delivered, within four weeks of its communication. It was made clear that in default of delivery of possession or payment of damages within the time stipulated therefor, the respondents would be liable to pay interest @10% per annum on the entire amount payable to the petitioner.

(3.) In appeal, the coordinate Bench affirmed the order of the learned Single Judge and held as follows: