Authority: High Court at Calcutta, Special Civil Jurisdiction (Contempt)

Order Date: 8 October 2026

Case Overview

  • Parties: Petitioners – Mani Square Limited and another; Respondents – Sri Subhash Kumar and others.
  • Background: The High Court issued a judgment and order on 27 March 2025 (ALP No.2 of 2025) directing transfer of Title Suit No. 469 of 2023 to the Commercial Court at Alipore and directing that Suit No. 48 of 2023 be heard analogously, with a target disposal within six months. A subsequent order dated 27 August 2025 directed expeditious trial of pending interlocutory applications within 30 days after hearing the parties.
  • Subsequent Litigation: The respondents challenged the 27 March 2025 order via review, which was dismissed on 15 May 2025. Special Leave Petitions (SLP (C) No. 17205 of 2025 and SLP (C) No. 17284 of 2025) were dismissed by the Supreme Court on 4 July 2025, giving the directions finality.
  • Alleged Contempt: Petitioners claimed the respondents continued filing interlocutory applications and seeking adjournments, thereby delaying the proceedings. Suit‑I was fixed on 67 occasions after the 27 March 2025 order, with 11 adjournments sought by respondents; Suit‑II also faced multiple adjournments. The petition sought contempt proceedings (CC No. 66 of 2026) for wilful and deliberate violation of the 27 March 2025 order.

Court Reasoning

  • The Court observed that paragraph 24 of the 27 March 2025 order places the duty of conducting day‑to‑day hearings without unnecessary adjournments on the Commercial Court at Alipore, not on the parties themselves.
  • While the respondents filed applications before the Commercial Court, this conduct does not prima facie constitute a violation of the High Court’s order.
  • No affidavit was called, and the allegations in the contempt petition were not admitted by the respondents.
  • Accordingly, the Court found no prima facie case of contempt against the respondents.

Final Outcome

  • The contempt proceeding CC No. 66 of 2026 is dropped.
  • No contempt finding or penalty is imposed.

Topics: Contempt Law, Judicial Procedure