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2024 Supreme(SC) 89

ANIRUDDHA BOSE, SANJAY KUMAR
Amit Kumar Das, Joint Secretary, Baitanik, a registered society – Appellant
Versus
Shrimati Hutheesingh Tagore Charitable Trust – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ajay Gaggar, Adv. Mr. Amarjit Singh Bedi, AOR Mr. Varun Chandiok, Adv. Ms. Riya Seth, Adv. Mr. Yashwant Gaggar, Adv. Mr. Uttiyo Mallick, Adv. Ms. Anubhi Goyal, Adv. Mr. Robin Sirohi, Adv.
For the Respondent(s): Mr. Harin P Raval, Sr. Adv. Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv. Ms. Shreya Bansal, Adv. Ms. Shrestha Narayan, Adv. Ms. Urmi H. Raval, Adv. Mr. Siddharth H. Raval, Adv.

JUDGMENT

SANJAY KUMAR, J.

1. Leave granted.

2. Focus in this appeal is on the scope and extent of the contempt jurisdiction exercised by a High Court under Article 215 of the Constitution of India read with the provisions of the Contempt of Courts Act, 1971.

3. By judgment dated 12.11.2014 passed in C.P.A.N. 2113 of 2013 in F.A. No. 229 of 2010, a Division Bench of the High Court at Calcutta held that the act of the contemnor therein was in willful disobedience to the stay order passed in the first appeal and was not only contemptuous but also illegal and invalid. However, instead of initiating proceedings for contempt, the Division Bench opined that justice would be subserved by vacating the stay order passed in the first appeal. Aggrieved by this turn of events, the contemnor is before this Court.

4. By order dated 27.01.2015, this Court stayed the operation of the impugned judgment passed by the High Court at Calcutta.

5. Shrimati Hutheesingh Tagore Charitable Trust, Kolkata (for brevity, ‘the Trust’), was the plaintiff in T. Suit No. 164 of 2004, filed for declaration of title, recovery of possession and for damages, before the learned 3rd Civil Judge (Senior Division), Alipore. This

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