Shyamdev Das and anr. Vs. Fourside Media Pvt Ltd and ors.

Shyamdev Das and anr. vs Fourside Media Pvt Ltd and ors.

Type Court Judgment Court Kolkata Decided Dec 09, 2013

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https://sooperkanoon.com/case/1100278

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Citation: sooperkanoon.com/1100278
Court: Kolkata High Court
Judge: Harish Tandon
Decided On: Dec 09, 2013
Subject: Contempt of Court

Case Summary

AI-generated summary - not the official court judgment text.

Contempt of Court

Key legal issue: Contempt of Court

Parties & Advocates

Appellant / Petitioner

Shyamdev Das and anr.

Respondent

Fourside Media Pvt Ltd and ors.

Excerpt

.....of statutory dues and obligations incurred by the company on regular basis, respondent no.2 who have taken over the charge and management of the company have not paid the rent and the salary of the other staff of the company as well as the electricity bills and director’s remuneration apart from the payment of the service tax. pursuant to the order the alleged contemnors are represented today. it is submitted on their behalf that the petitioner has not shown a piece of paper whereby it could be gathered that the statutory authorities have complained of the non payment of the statutory dues. it is further submitted that all the obligations are already performed by the alleged contemnors in terms of the said order and in fact the godown for which allegation is made for non payment of the rent has already been surrendered by the company and, therefore, the company is not under any obligation to pay the rent in respect thereof. this court feels that the alleged contemnors should be permitted to disclose all the facts and the documents controverting the allegations made by the petitioner in this contempt application for proper and effective adjudication. in view of the above, let affidavits be filed by the alleged contemnors within one week after reopening the court following the christmas vacation; rejoinder thereto, if any, be filed within a week thereafter. let this contempt application appear two weeks after reopening of the court following the christmas vacation. (harish tandon, j.) sb-1

Full Judgment

1 ORDER

SHEET C.C.No.73 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE SHYAMDEV DAS & ANR.

Versus FOURSIDE MEDIA PVT LTD & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th December, 2013.

Appearance : Mr.Ratnanko Banerjee, Adv.Mr.Arindam Mukherjee, Adv.Mr.Avirup Chatterjee, Adv.The Court : This contempt application is taken out alleging the willful violation of an order dated 16th May, 2013 passed by the Company Law Board, Kolkata Branch in C.P.No.64 of 2013.

The petitioner alleges that despite an interim order directing the respondent to release the payment in respect of statutory dues and obligations incurred by the company on regular basis, Respondent No.2 who have taken over the charge and management of the company have not paid the rent and the salary of the other staff of the company as well as the electricity bills and director’s remuneration apart from the payment of the service tax.

Pursuant to the order the alleged contemnors are represented today.

It is submitted on their behalf that the petitioner has not shown a piece of paper whereby it could be gathered that the statutory authorities have complained of the non payment of the statutory dues.

It is further submitted that all the obligations are already performed by the alleged contemnors in terms of the said order and in fact the godown for which allegation is made for non payment of the rent has already been surrendered by the company and, therefore, the company is not under any obligation to pay the rent in respect thereof.

This Court feels that the alleged contemnors should be permitted to disclose all the facts and the documents controverting the allegations made by the petitioner in this contempt application for proper and effective adjudication.

In view of the above, let affidavits be filed by the alleged contemnors within one week after reopening the Court following the Christmas Vacation; rejoinder thereto, if any, be filed within a week thereafter.

Let this contempt application appear two weeks after reopening of the Court following the Christmas Vacation.

(HARISH TANDON, J.) SB-1

Same Court & Year Kolkata · 2013 Same Parties Shyamdev Das and anr. vs Fourside Media Pvt Ltd and ors. Same Subject Contempt of Court Same Judge Harish Tandon