Rajasthan Fertilizers And Chemical Corporation Limited vs. Mr Projay Singha Roy And Ors
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This is a contempt application before the Calcutta High Court, Original Side, filed by Rajasthan Fertilizers and Chemical Corporation Limited against Mr. Projay Singha Roy and others. The petitioner alleges violation of a court order dated May 6, 2022. The original order directed the defendant to pay Rs. 1,25,000/- per month (along with GST) as occupational charges for the suit premises until the pendency of an application. The defendant also undertook to pay arrear occupational charges from April 2020 to April 2022 in twelve equal monthly installments, commencing from May 2022. The petitioner claims that despite repeated assurances and directions, including warrants of arrest, the alleged contemnors have failed to comply, and a sum exceeding Rs. 86 lacs is due. Separate proceedings concerning mesne profits and eviction decrees are also pending.
Held
The Court found that the alleged contemnors have failed to comply with the undertaking provided on May 6, 2022, and reiterated on November 11, 2024. The Court noted that despite repeated assurances and the issuance of warrants of arrest, the alleged contemnors have not paid the amounts due as occupational charges and arrear occupational charges. The Court acknowledged the petitioner's submission that a sum exceeding Rs. 86 lacs is due and payable. Based on this non-compliance, the Court directed that warrants of arrest be issued against the alleged contemnors to ensure their production before the court. The Court also directed the concerned Police Authorities to ensure the production of the alleged contemnors on or before the returnable date. The matter was listed for further hearing in May 2025. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the alleged contemnors have violated the undertaking given on May 6, 2022, and subsequently reiterated on November 11, 2024, by failing to make the stipulated payments of occupational charges and arrear occupational charges. Petitioner's Arguments: The petitioner contends that the alleged contemnors have repeatedly failed to adhere to the court's orders and their own undertakings, leading to a significant outstanding amount exceeding Rs. 86 lacs. They argue that despite the issuance of warrants of arrest, the contemnors remain unrepresented and have not made the required payments, thus constituting a clear violation of the court's directive and their solemn undertaking. The petitioner seeks enforcement of the order through contempt proceedings. Revenue/State's Arguments: The judgment does not record any specific arguments made by the revenue or state in this contempt application. The proceedings are primarily between the petitioner and the alleged contemnors regarding the enforcement of a civil undertaking.
AI-generated summary — verify with the full judgment below
OIP-159 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE Special Juri iction [Contempt] CC/78/2023 Before: The Hon’ble Justice RAVI KRISHAN KAPUR Date: 24th March 2025 Appearance: Ms. Urmila Chakraborty, Adv., Ms. P. Banerjee, Adv. Ms. Subika Paul, Adv. Ms. Sonali Pal, Adv. …for petitioner. The Court: This is an application alleging violation of an order dated 6 May, 2022. The petitioner alleges violation of an order whereby the alleged contemnors were directed to make payment. Despite repeated directions and orders of warrant of arrest being passed the alleged contemnors remain unrepresented. It is submitted on behalf of the petitioner that a proceeding for adjudication of mesne profits is pending. There are also separate proceedings challenging the eviction decree which are pending. The parties are litigating in different fora. For convenience, the order dated 6 May 2022 reads as follows: “Without prejudice to the rights and contentions of the parties, the defendant undertakes to pay a sum of Rs.1,25,000/- (alongwith GST) on account of occupational charges of the suit premises to the petitioner till the pendency of this application. Insofar as the arrear occupational charges are concerned it is submitted by the defendant that the last paid occupational charges was till March, 2020. The defendant undertakes to pay the arrear occupational charges since April 2 2020 till April 2022 in twelve equal monthly installments the first of which shall commence from May 2022. Let this matter appear in the monthly list of June 2022. Liberty is granted to the petitioner to mention this matter in case of default of any one of the installments”.
2 Diverse orders have been passed from time to time. Despite having furnished repeated assurances, the alleged contemnors have not paid the said amounts. It is alleged that a sum in excess of Rs. 86 lacs is due and payable. In view of the failure of the alleged contemnors to be present in Court notwithstanding the undertaking dated 11 November 2024, let warrants of arrest be issued against the alleged contemnors. Let this matter appear in the monthly list of May 2025. In the meantime, the concerned Police Authorities are directed to ensure production of the alleged contemnors on or before the returnable date. (RAVI KRISHAN KAPUR, J.) SK.
Reproduced from the public record of the Calcutta High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.