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2022 Supreme(Cal) 318

ARIJIT BANERJEE, RAI CHATTOPADHYAY
Md. Sarfaraz Alam – Appellant
Versus
Md. Mofazzular Rahman – Respondent


Advocates appeared:
Ms. Debapriya Mukherjee, Adv. Ms. M. Palana, Adv. Mr. Jishnu Chowdhury, Adv. Mr. Aritra Basu, Adv., for the Appellant; Mr. S.K. Kapur, Sr. Adv. Mr. Rudraman Bhattacharyya, Adv. Ms. Radhika Mishra, Adv. Ms. Pooja Chakrabarti, Adv. Ms. Roshmi Deepta Acharya, Adv. Mr. Ranjan Bachawat, Sr. Adv. Mr. Ratnesh Kr. Rai, Adv. Mr. Ankan Rai, Adv. Mr. S.N. Pandey, Adv. Ms. Ankita Singh, Adv., for the Respondent

JUDGMENT

Arijit Banerjee, J. - This contempt application has been filed alleging wilful violation of the order dated December 21, 2020, passed by a Coordinate Bench in A.P.O No. 29 of 2020, C.S No. 174 of 2019. G.A. No. 1 of 2020 (Md. Sarfaraz Alam v. Md. Mofazzular Rahman & Ors.).

2. A brief factual background in which the order dated December 21, 2020, was passed may be helpful.

3. The petitioner and the alleged Contemnor Nos. 1 to 6 are all related to each other and are members of a larger family. They carried on business in co-partnership under the name and style of M/S. Serajuddin & Co. The business is of mining related activities. The alleged Contemnor No. 7 is the Chief Accountant of the partnership firm.

4. Disputes arose between the petitioners and the other partners of the firm. The alleged Contemnor Nos. 1 to 6 filed a suit being C.S. No. 174 of 2019 against the petitioner herein, claiming inter alia, a declaration that the petitioner herein stands removed as partner of the said firm. In the said suit the petitioner herein has filed a counter claim praying for various reliefs including a declaration that the partnership firm stands dissolved pursuant to a notice of dissoluti

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