BULA GHOSH Vs. MAHAMMAD JAMSHED

JUDGEMENT

(1.) The contempt petitioner has sought recalling of an Order dated August 31, 2018 passed in C.P.A.N. 1509 of 2009.

(2.) Learned Advocate appearing in support of the application has submitted that, the applicant was not represented on August 31, 2018 when the contempt petition was taken up for hearing. He has submitted that, the Advocate-on-Record for the applicant was unable to attend the Court for the period from August 20, 2018 to September 3, 2018 due to the medical condition of the son of such Advocate-onRecord. Therefore, according to him, the applicant having shown sufficient cause for recalling of the Order dated August 31, 2018, such Order should be recalled.

(3.) Learned Advocate appearing for the applicant has submitted that, the petitioner filed the contempt petition complaining of violation of the Order dated August 11, 2008. Such Order remaining uncomplied with, the applicant had filed the contempt petition being C.P.A.N. 1509 of 2009. On August 31, 2018 the alleged contemnor had contended that, the Order dated August 11, 2008 stood complied with in view of the writing dated March 23, 2017. He has submitted that, the Order dated August 11, 2008, inter alia, directed the respondents in the writ petition to calculate all arrear rent and/or licence fees and to serve upon the writ petitioner an appropriate notice indicating the amount of rent and/or licence fees which became due and payable by the writ petitioner to the respondents. According to him, the respondents did not do so. The Order dated August 11, 2018 remains uncomplied with.