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2011 Supreme(Cal) 451

MRINAL KANTI CHAUDHURI, PRATAP KUMAR RAY
Shantanu Consul – Appellant
Versus
Garima Singh – Respondent


Advocates Appeared:
Farook M. Razack, P.K. Tarafdar, Prabhat Kumar Chattopadhyay, G.S. Makkar, Priyanka Bhutoria, Asoke De, Indranil Nandi

JUDGMENT

Pratap Kumar Ray, J.

1. THE matter is taken up as on day's list in view of urgency as prayed for.

2. HEARD the learned Advocates appearing for the parties.

Having regard to the tenor of the order, we are of the view that the writ application could be disposed of here and now.

3. LEAVE is granted to take necessary ground here and now.

4. ASSAILING the order dated 1st February, 2011 passed in contempt application being CPC No. 14 of 2010 arose out of alleged violation of the interim order dated 23rd December, 2009 and the extension of that interim order dated 6th January, 2010 passed in O.A. No. 1864 of 2009, this writ application has been filed. The impugned order reads such:

"Issue notice to the alleged contemners for framing the charges. 2. List the matter for orders on 31.3.2011."

Learned Advocate for the writ petitioner has referred Rule 8 of Contempt of Court's (CAT) Rules, 1992 to contend that there was no reason assigned by the learned Tribunal below about prima facie satisfaction of the learned Tribunal that a case of contempt has been made out prior to passing the order directing issuance of notice. The relevant provision of Rule 8 reads such:

"8. Preliminary hearing









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