P. K. BALASUBRAMANYAN, R. C. LAHOTI, G. P. MATHUR
SAMAR GHOSH – Appellant
Versus
SANAT KUMAR BAGS – Respondent
ORDER
1.TAKEN ON BOARD.
2.LEAVE GRANTED.
3.HEARD ON MERITS.
4. THESE APPEALS BY SPECIAL LEAVE PUT IN ISSUE ORDERS DATED 5-8-2004 AND 2-9-2004 PASSED DURING CONTEMPT PROCEEDINGS. THE PROCEEDINGS IN CONTEMPT ARE PRIMARILY A MATTER BETWEEN THE COURT AND THE CONTEMNOR. IN THE PECULIAR FACTS AND CIRCUMSTANCES OF THESE CASES, WE ARE NOT INCLINED TO ISSUE NOTICE TO THE RESPONDENTS WHO ARE FIRE ENGINE DRIVERS AND THEIR APPEARANCE IN THIS COURT WILL SUBJECT THEM TO NEEDLESS EXPENSES AND COSTS WHICH IS UNCALLED FOR KEEPING ALSO IN VIEW THE NATURE OF ORDER WHICH WE ARE PASSING HEREBY.
5. ON THE PROCEEDINGS BEING INITIATED COMPLAINING OF VIOLATION OF THE ORDER DATED 11-11-1998 PASSED BY A DIVISION BENCH OF THE CALCUTTA HIGH COURT, THE COURT, ON 5-8-2004, DIRECTED NOTICE TO ISSUE REQUIRING APPEARANCE OF THE APPELLANTS BEFORE IT ON 2-9-2004. ON THAT DAY, THE APPELLANTS WANTED TO ARGUE ON THE MAINTAINABILITY OF THE PROCEEDINGS, AS SUBMITTED BY THE LEARNED SENIOR COUNSEL FOR THE APPELLANTS, BUT THE COURT PASSED THE FOLLOWING ORDER:
"LET THE MATTER STAND ADJOURNED FOR 3 WEEKS. AFFIDAVIT OF COMPLIANCE BE FILED IN THE MEANTIME."
6. THE INSISTENCE ON AFFIDAVIT OF COMPLIANCE BEING FILED BEFORE THE NEXT
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