TAPAN KUMAR DASGUPTA Vs. INDRA NARAYAN PATRA

JUDGEMENT

(1.) This is an application for contempt of court alleging inspite of notice and knowledge of the Order passed by me on 6th August, 1997 in the writ petition being No. 12599(W) of 1997 the respondents and each of them violated the said order. It is further alleged in the petition that by a letter dated 6th August, 1997 an interim order of status quo passed by me was communicated to the respondents and each of them herein. It is further alleged in violation of the order of status quo the respondents and each of them have counted the votes and published the result and held Annual General Meeting.

(2.) The respondents and each of them after the rule was served upon them have duly filed separate affidavit-in-opposition. The defence and/or anwser in dealing with the allegations made in the Contempt Petition are identically same. The sum and substance of the defence taken by the respondents and each of them amongst other are as follows:-

(3.) It has been further alleged that the petitoner herein has initiated this contempt proceeding having found himself unsuccessful before the Tribunal as a pressure tactics in abuse of the process of the court. Such conduct of the petitioner would be apparent from the fact that even the same very learned lawyer who was conducing hearing of the writ petition, on 8th August, 1997 appeared before the Co-operative Tribunal and did not made any whisper about the passing of order of status quo by this court and kept the said order under secret waiting for the favourable result and/or decision of the Tribunal. Having found unsuccessful in installing the said Annual General Meeting the petitioner herein has now resorted to this proceeding alleging contempt.