JUDGMENT

S. B. SINHA, J. :-

1. Leave granted.

2. Appellants are before us aggrieved by and dissatisfied with a judgment and order passed by a Division Bench of the High Court of Judicature at Calcutta dismissing their appeal under Section 19(1) of the Contempt of Courts Act, 1970 (for short, 'the Act') and holding them guilty of violation of the Court's order dated 31-11-2005 passed by a learned single Judge of the said Court.

3. Three Cheers Entertainment Pvt. Ltd. (the Company) is a producer of some programmes which are telecast.

4. One of such programmes known as 'Khoj Khabar' was telecast by ETV (Bangla) alleging some illegal acts and malpractices on the part of the Calcutta Electricity Supply Company Ltd. (CESC) an undertaking engaged in generation and supply of Electricity in the town of qa1cutta.

5. On or about 13-5-2004, CESC filed a defamation suit in the original side of the Calcutta High Court claiming not only damages of 25,00,OO,000/- (Rupees twenty five crores only) but also a decree for permanent Injunction. Along with the said suit, an interlocutory application marked as G.A. 1812 of 2004 was filed claiming, inter alia, the following reliefs: "

"a. Injunction be passed restraining the respondents and each one of them by themselves or by their servants, agents or otherwise from publishing or causing to be published by broadcasting, telecasting any defamatory programmes similar to that as telecast on March 12,2004 and March 29, 2004 and April 30, 2004 contained in Annexures A and B hereto or otherwise in any manner whatsoever.

b. The respondents be restrained from retelecasting and for showing a repeat telecast of the programme 'Khoj Khabar' shown on March, 12, 2004 and March 29, 2004 and April 30, 2004 at 10 pm and the respondents be directed to hand over the same.

c. A receiver be appointed over all materials, documents, films, tapes and materials connected the said telecast 'khoj khabar' made on March 12, 2004 and March 29, 2004 and April 30, 2004 at 10 pm and the respondents be directed to hand over the same."

6. Indisputably, on or about 17-5-2004 a learned single Judge of the High Court passed an ex parte ad interim order of injunction in terms of prayer 'a' and 'b' thereof only.

7. It is now not disputed that although some lawyer had appeared for the appellants in the said suit but no 'Vakalatnama' on their behalf was filed. It is furthermore not in dispute that the said lawyer appeared for a few days and thereafter stopped appearing in the suit or in the said interlocutory matter.

8. Notices having been served upon the appellants, the matter relating to confirmation of ad interim order of injunction came up before the learned single Judge of the High Court on 30-11-2005. While noticing that the defendants in the suit had not opposed the prayers of injunction, although they were earlier represented through counsel, it was opined that apart from the order of interim injunction as prayed for in paryers 'a' and 'b' of the interlocutory application, a receiver should also be appointed, holding:

"Having regard to the nature of the matter, I think the order of injunction will not sub-serve the interest of justice as there is possibility to telecast the same from programme recorded in this disc by the defendants and for their agents and for servants. In order to prevent further telecasting or propagating of this slanderous statement I am inclined to pass order in terms of prayer (c) of the petition. Accordingly, Mr. Subrata Mookherjee, Advocate of bar Association, Room No. 1 and Mr. Partha Pratim Chatterjee, Advocate of Bar Association, Room No. 2 High Court are appointed as Joint Receivers with a direction to take possession of all material documents, films and materials connected with the said programme. "Khoj Khabar" telecast on 12th March, 2004, 29th March, 2004 and 30th April, 2004 at 10.00 pm and also copies of CD, if they are available in that office. The Receiver shall make an enquiry as to whether these cassettes h