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

Order Date: 27 August 2026

Case Overview

  • Parties: Review applicant Mahesh Kumar Kejriwal and another (Anr.) vs. Shree Hanuman Cotton Mills Limited and others.
  • Original order dated 8 January 2026 dismissed the contempt petition; review petition filed under RVWO/5/2026 CC/45/2018 IA No.GA/1/2026.
  • Respondent counsel argued that review of a contempt dismissal is not maintainable per Division Bench judgment in Bidhan Chandra Mohanta vs. Siddhartha Majumdar (2025 SCC OnLine Cal 1186, para 12) and per the Contempt of Courts Act 1971 which lacks a review provision.
  • Respondents also cited Gujarat High Court decision (Sunilkumar Popatbhai Patel v. State of Gujarat, MANU/GJ/1120/2023) and Calcutta High Court Contempt Rules 1975, both denying review.
  • Petitioner's counsel relied on Supreme Court judgment in M.M. Thomas vs. State of Kerala (2000 1 SCC 666) interpreting Article 215 as conferring inherent power of review for errors apparent on the face of record, and supported by judgments of Bombay High Court (Shyamsundar v. Lokesh Chandra, 2011 (2) Mh. L.J. 432), Supreme Court (Commissioner of Customs v. Hongo India Pvt Ltd, 2009 5 SCC 791), and Kerala High Court (G. Bhagavat Singh v. Manoj Joseph, AIR 2019 Ker 30).
  • Petitioner's counsel argued that the Division Bench judgment was per incuriam for not considering Article 215 and the cited Supreme Court precedents.
  • Court examined the statutory framework: Contempt of Courts Act 1971 provides no provision for review; Section 362 CrPC bars criminal courts from revisiting final orders except for clerical or arithmetical errors; procedural review under Order 47 Rule 1 CPC does not apply to contempt matters which are quasi‑criminal.
  • Court noted that while general civil review is permissible, contempt orders are special and not amenable to substantive review.

Final Outcome

  • The review application is dismissed as not maintainable.
  • The connected application RVWO/5/2026 and any interim order are vacated.
  • Parties may obtain an urgent certified website copy of the judgment after complying with required legal formalities.

Topics: Contempt Law, Judicial Review