ABHJJIT TEA COMPANY PVT. LTD. versus TERAI TEA CO. (P) LTD. AND ORS.

ABHJJIT TEA COMPANY PVT. LTD. versus TERAI TEA CO. (P) LTD. AND ORS.

Registrar was absolutely careless and indifferent in complying with the Supreme Court's order for refund; no excuse justified withholding the amount between 8.9.1994 and 16.9.1994; conduct reprehensible and unworthy of office of responsibility.

Parties
Petitioner/appellant: Abhijit Tea Company Pvt. Ltd.; Respondent: Terai Tea Co. (P) Ltd.; Respondent: Registrar (Original Side), Calcutta High Court; Respondent: The New Red Bank Tea Co., Calcutta; Respondent: Shri Rabin Pal, Managing Director of the 2nd respondent Company
Jurisdiction
India
Judgment Date
08 November 1995
Procedural Posture
Contempt Petition / Disposal by Supreme Court
Outcome
Petition disposed of
Legal Topics
Implementation of Court Orders, Court Deposits, Refund of Court Deposits, Registrar's Duties
Contempt of Court Civil Procedure Implementation of Court Orders Court Deposits Refund of Court Deposits Registrar's Duties

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Parties

Abhijit Tea Company Pvt. Ltd.

Petitioner/appellant

Terai Tea Co. (P) Ltd.

Respondent

Registrar (Original Side), Calcutta High Court

Respondent

The New Red Bank Tea Co., Calcutta

Respondent

Shri Rabin Pal, Managing Director of the 2nd respondent Company

Respondent

Procedural Posture

Contempt Petition / Disposal by Supreme Court

Legal Issues

  1. 1 Whether the Registrar of the Calcutta High Court complied with the Supreme Court's order to refund court deposit
  2. 2 Whether the Registrar's conduct amounted to contempt of court

Ratio Decidendi

Registrar was absolutely careless and indifferent in complying with the Supreme Court's order for refund; no excuse justified withholding the amount between 8.9.1994 and 16.9.1994; conduct reprehensible and unworthy of office of responsibility.

Court Disposition

Petition disposed of

Orders

  • Petitioner allowed to withdraw the amount by furnishing bank guarantee to satisfaction of Registrar, Calcutta High Court; withdrawal subject to result of appeal pending against Single Judge's order dated December 23, 1994.
  • Chief Justice of Calcutta High Court to look into Registrar's conduct for appropriate action; entries to be made in Registrar's confidential character rolls.