1 IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION/CRIMINAL ORIGINAL JURISDICTION/EXTRAORDINARY JURISDICTION CONTEMPT PETITION (CIVIL) NO. 774 of 2023 in CRIMINAL APPEAL NO. 463 of 2022 GAGAN BANGA ...PETITIONER(s) VERSUS SAMIT MANDAL & ANR. ...ALLEGED CONTEMNOR(s)/RESPONDENT(s) WITH WRIT PETITION (Crl.) NO. 166/2023 AND SPECIAL LEAVE PETITION (Crl.) NOS. 4639-4641/2023 O R D E R Interlocutory applications for impleadment and to bring on record additional facts are allowed. 2. The petitioners’ case is that there is trend of initiating mala fide criminal proceedings against financial institutions/lenders and their officers, representatives and managers, to somehow restrain them from pursuing recovery proceedings of their enforceable debts, and/or to compel them to make settlement of their dues. FIRs are registered to circumvent legally
2 owed debts by scuttling the statutory regime of SARFAESI, and also by projecting a purely civil financial dispute as a criminal matter with a view to intimidate and in abuse of the criminal process. 3. In “ Priyanka Srivastava Vs. State of U.P.”, (2015) 6 SCC 287 , this Court had noticed that taking recourse to criminal law by bypassing statutory remedies to bring the financial institutions on their knees, has the inherent potentiality to affect the marrows of economic health of the nation. Further, in “Vijay Kumar Ghai & Anr. Vs. State of W.B. & Ors.” (2022) 7 SCC 124 , this Court quashed the criminal proceedings being abuse of law in a purely civil financial dispute and being a case of forum shopping. Despite these judgments, continuation of such trend appears extremely disturbing. 4. Vide order dated 28.04.2023 passed in W.P. (Crl.) No. 166/2023, criminal proceedings in three such FIRs instituted by borrowers in different States, namely FIR No. 646/2022 dated 26.10.2022 registered at P.S. Titagarh, FIR No. 427/2023 dated 09.04.2023 registered at P.S. Indirapuram and FIR No. 25/2021
3 dated 27.01.2021 registered at P.S. EOW, Delhi were stayed. 5. Further FIR No. 197/2023 dated 15.04.2023 was filed by YEIDA at PS Beta-2, Greater Noida, UP, which also refers to the aforesaid FIR No. 427/2023 dated 09.04.2023 registered at P.S. Indirapuram with some overlapping facts. It is stated that on the basis of these two connected FIRs namely FIR No. 427/2023 and 197/2023, now the ED has registered ECIR bearing No. ECIR/HIU-I/06/2023 in Delhi. The petitioners have now challenged the said FIRs and ECIR. 6. In the circumstances, as it may also involve adjudication on facts, we deem it appropriate to permit the petitioners to approach the respective jurisdictional High Courts to challenge all four FIRs and the ECIR within two weeks from today, with a request to the respective High Courts to consider and decide the petitions expeditiously, not later than six months of their presentation. 7. We also direct DGPs of respective States to look into the matter, examine the contentions of the
4 petitioners in respect of the contents of FIRs, and to take appropriate measures in accordance with law within a period of one month. 8. Till the filing of the respective petitions, interim order dated 28.04.2023 passed in W.P.(Crl.) No. 166/2023 would continue in the three FIRs mentioned therein. 9. In so far as the further FIR No. 197/2023 dated 15.04.2023 filed by YEIDA and ECIR bearing No. ECIR/HIU-I/06/2023 are concerned, no coercive steps would be taken against the petitioner financial institution and its officers, representatives and managers till final disposal of such petitions by the High court, and it would be open for the petitioners to seek stay of proceedings which would be considered by the High Court on its own merits. It is clarified that this interim protection would only be applicable to the petitioner financial institution and its officers, representatives and managers, and not to any other person. 10. All contentions available to the parties in
5 law are being kept open to be raised before the High Court and the High Court shall decide the petitions strictly on their own merits and in accordance with law. 11. Accordingly, all the petitions including contempt petition and pending applications, stand disposed of. .......................J. ( KRISHNA MURARI ) ...... .................J. ( SANJAY KUMAR ) NEW DELHI 04 th JULY, 2023 *Amended Order
6 IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION/CRIMINAL ORIGINAL JURISDICTION/EXTRAORDINARY JURISDICTION CONTEMPT PETITION (CIVIL) NO. 774 of 2023 in CRIMINAL APPEAL NO. 463 of 2022 GAGAN BANGA ...PETITIONER(s) VERSUS SAMIT MANDAL & ANR. ...ALLEGED CONTEMNOR(s)/RESPONDENT(s) WITH WRIT PETITION (Crl.) NO. 166/2023 AND SPECIAL LEAVE PETITION (Crl.) NOS. 4639-4641/2023 O R D E R Interlocutory applications for impleadment and to bring on record additional facts are allowed. 2. The petitioners’ case is that there is trend of initiating mala fide criminal proceedings against financial institutions/lenders and their officers, representatives and managers, to somehow restrain them from pursuing recovery proceedings of their enforceable debts, and/or to compel them to make settlement of their dues. FIRs are registered to circumvent legally
7 owed debts by scuttling the statutory regime of SARFAESI, and also by projecting a purely civil financial dispute as a criminal matter with a view to intimidate and in abuse of the criminal process. 3. In “ Priyanka Srivastava Vs. State of U.P.”, (2015) 6 SCC 287 , this Court had noticed that taking recourse to criminal law by bypassing statutory remedies to bring the financial institutions on their knees, has the inherent potentiality to affect the marrows of economic health of the nation. Further, in “Vijay Kumar Ghai & Anr. Vs. State of W.B. & Ors.” (2022) 7 SCC 124 , this Court quashed the criminal proceedings being abuse of law in a purely civil financial dispute and being a case of forum shopping. Despite these judgments, continuation of such trend appears extremely disturbing. 4. Vide order dated 28.04.2023 passed in W.P. (Crl.) No. 166/2023, criminal proceedings in three such FIRs instituted by borrowers in different States, namely FIR No. 646/2022 dated 26.10.2022 registered at P.S. Titagarh, FIR No. 427/2023 dated 09.04.2023 registered at P.S. Indirapuram and FIR No. 25/2021
8 dated 27.01.2021 registered at P.S. EOW, Delhi were stayed. 5. Further FIR No. 197/2023 dated 15.04.2023 was filed by YEIDA at PS Beta-2, Greater Noida, UP, which also refers to the aforesaid FIR No. 427/2023 dated 09.04.2023 registered at P.S. Indirapuram with some overlapping facts. It is stated that on the basis of these two connected FIRs namely FIR No. 427/2023 and 197/2023, now the ED has registered ECIR bearing No. ECIR/HIU-I/06/2023 in Delhi. The petitioners have now challenged the said FIRs and ECIR. 6. In the circumstances, as it may also involve adjudication on facts, we deem it appropriate to permit the petitioners to approach the respective jurisdictional High Courts to challenge all four FIRs and the ECIR within two weeks from today, with a request to the respective High Courts to consider and decide the petitions expeditiously, not later than six months of their presentation. 7. We also direct DGPs of respective States to look into the matter, examine the contentions of the
9 petitioners in respect of the contents of FIRs, and to take appropriate measures in accordance with law within a period of one month. 8. Till final disposal of the respective petitions, interim order dated 28.04.2023 passed in W.P.(Crl.) No. 166/2023 would continue in the three FIRs mentioned therein. 9. In so far as the further FIR No. 197/2023 dated 15.04.2023 filed by YEIDA and ECIR bearing No. ECIR/HIU-I/06/2023 are concerned, no coercive steps would be taken against the petitioner financial institution and its officers, representatives and managers till final disposal of such petitions by the High court, and it would be open for the petitioners to seek stay of proceedings which would be considered by the High Court on its own merits. It is clarified that this interim protection would only be applicable to the petitioner financial institution and its officers, representatives and managers, and not to any other person. 10. All contentions available to the parties in
10 law are being kept open to be raised before the High Court and the High Court shall decide the petitions strictly on their own merits and in accordance with law. 11. Accordingly, all the petitions including contempt petition and pending applications, stand disposed of. .......................J. ( KRISHNA MURARI ) .......................J. ( SANJAY KUMAR ) NEW DELHI 04 th JULY, 2023
11 ITEM NO.3 COURT NO.8 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) (IA No. 55974/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH W.P.(Crl.) No. 166/2023 (X) IA No. 79548/2023 - GRANT OF INTERIM RELIEF IA No. 122410/2023 - GRANT OF INTERIM RELIEF IA No. 81083/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(Crl) No. 4639-4641/2023 (II-B) Date : 04-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv. Mr. Ashish Batra, Adv. Mr. Gautam Awasthi, AOR Mr. Mukul Rohatgi, Sr. Adv. Mr. Karan Bharihoke, Adv. Mr. Ashish Batra, AOR For Respondent(s) Mr. Sunil Fernandes, Adv. Ms. Anju Thomas, Adv. Ms. Mantika Haryani, Adv. Mr. Divyansh Tiwari, Adv. Ms. Astha Sharma, AOR Mr. Sanjay Jain, A.S.G. Mr. Shreekant Neelappa Terdal, AOR
12 Mr. Arkaj Kumar, Adv. Mr. Gautam Bhardwaj, Adv. Mr. Ishaan Sharma, Adv. Mr. Digvijay Dam, Adv. Dr. N. Visakamurthy, Adv. Mr. Zeeshan Diwan, AOR Mr. Rajender Wali, Adv. Mr. B. K. Satija, AOR Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Ravi Prakash Mehrotra, Sr. Adv. Mr. L. Zafeer Ahmed, Adv. Mr. Rudra Pratap, Adv. Mr. Amit Bhandari, Adv. Ms. Deepti R. Mehrotra, Adv. Mr. M. Shaz Khan, Adv. Mr. Prasenjit K. Chakarvarti, Adv. Mr. Apoorv Srivastava, Adv. Ms. Gayatri Dahiya, Adv. Mr. Adnan Yousuf, Adv. Mr. Talha Abdul Rahman, AOR (N.P.) UPON hearing the counsel the Court made the following O R D E R A ll the petitions including contempt petition and pending applications, stand disposed of in terms of the signed order. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed on the file)
ITEM NO.2+26 COURT NO.11 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS ITEM 2 CONTEMPT PETITION (C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) WITH SLP(Crl) No. 4639-4641/2023 (II-B) ( IA No.61911/2023-CONDONATION OF DELAY IN FILING and IA No.61898/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.61904/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) ITEM 26 W.P.(Criminal) No(s). 166/2023 ( IA No. 79548/2023 - GRANT OF INTERIM RELIEF IA No. 81083/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 16-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Ashish Batra, Adv. Mr. Devanshu Yadav, Adv. Mr. Gautam Awasthi, AOR For Respondent(s) Mr. Dushyant Dave, Sr. Adv. (NP) Mr. Sunil Fernandes, Adv. Mr. Srisatya Mohanty, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Anju Thomas, Adv. Ms. Mantika Haryani, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Divyansh Tiwari, Adv. Ms. Muskan Surana, Adv. Ms. Astha Sharma, AOR Mr. Zeeshan Diwan, AOR 1
Mr. R.P. Mehrotra, Sr. Adv. Mr. Rudra Pratap, Adv. Mr. Talha Abdul Rahman, AOR Ms. Nandini Randhawa, Adv. Mr. Tushar Randhawa, Adv. Mohd. Shaz Khan, Adv. Ms. Gayatri Dahiya, Adv. Mr. Adnan Yousuf Bhat, Adv. Mr. Sanjay Jain, ASG Mr. Arkej Kumar, Adv. Mr. Gautam Bhardwaj, Adv. Mr. Ishaan Sharma, Adv. Mr. Digvijay Singh, Adv. Mr. S.N. Terdal, AOR UPON hearing the counsel the court made the following O R D E R In view of the letter circulated on behalf of Respondent No.4 in W.P.(Crl.) No. 166/2023 seeking an adjournment of four weeks, the matters are adjourned and may be listed on 04.07.2023 . Interim order to continue till the next date of listing. In the meantime, the parties may exchange their pleadings. Tag Contempt Petition (Civil) No.774 of 2023 in Crl. A. No.463/2022 along with W.P. (Crl.) No.166/2023. (Geeta Ahuja) (Beena Jolly) Assistant Registrar-cum-PS Court Master 2
ITEM NO.801 COURT NO.11 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 166/2023 GAGAN BANGA & ANR. Petitioner(s) VERSUS THE STATE OF WEST BENGAL & ORS. Respondent(s) Date : 11-05-2023 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Ashish Batra, AOR (mentioned by) For Respondent(s) UPON being mentioned the court made the following O R D E R Not to be deleted from the notified date i.e. 16.05.2023. (Geeta Ahuja) (Beena Jolly) Assistant Registrar-cum-PS Court Master
ITEM NO.6 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Alleged Contemnors/Respondent(s) (NOT TO BE DELETED FROM 03.05.2023 AS PER ORAL MM....13/809 DATED 18.04.2023 ) WITH SLP(Crl) No. 4639-4641/2023 (II-B) ( IA No.61911/2023-CONDONATION OF DELAY IN FILING and IA No.61898/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.61904/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Date : 03-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Ashish Batra, Adv. Mr. Karan Bharihoke, Adv. Mr. Gautam Awasthi, AOR For Respondent(s) Mr. Srisatya Mohanty, Adv. Ms. Mantika Haryani, Adv. Ms. Ripul Swati Kumari, Adv. Ms. Astha Sharma, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the Alleged Contemnors/Respondents, adjourn the matter to 16.05.2023. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.43 COURT NO.13 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 166/2023 GAGAN BANGA & ANR. Petitioner(s) VERSUS STATE OF WEST BENGAL & ORS. Respondent(s) ( IA No. 79548/2023 - GRANT OF INTERIM RELIEF IA No. 81083/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 28-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Ashish Batra, AOR For Respondent(s) UPON hearing the counsel the court made the following O R D E R Issue notice returnable on 16.05.2023. Dasti service, in addition, is permitted. There shall be stay of all proceedings in the impugned three FIRs filed in three different States. (Geeta Ahuja) (Beena Jolly) Assistant Registrar-cum-PS Court Master
ITEM NO.45 COURT NO.13 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 166/2023 GAGAN BANGA & ANR. Petitioner(s) VERSUS THE STATE OF WEST BENGAL & ORS. Respondent(s) (IA No. 79548/2023 - GRANT OF INTERIM RELIEF IA No. 81083/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 25-04-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Vikram Nankani, Sr. Adv. Mr. Rakesh Dwivedi, Sr. Adv. Mr. Ashish Batra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 28.04.2023. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.54 COURT NO.12 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 166/2023 GAGAN BANGA & ANR. Petitioner(s) VERSUS THE STATE OF WEST BENGAL & ORS. Respondent(s) (IA No. 79548/2023 - GRANT OF INTERIM RELIEF IA No. 81083/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 21-04-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Ashish Batra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 25.04.2023. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.809 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) Date : 18-04-2023 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Ashish Batra, Adv. Mr.Gautam Awasthi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Not to be deleted from the date notified, i.e. 03.05.2023. [CHARANJEET KAUR] [BEENA JOLLY] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.20 COURT NO.2 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 12089/2023 (Arising out of impugned final judgment and order dated 16-12- 2022, 21-12-2022 and 23-2-2023 in CRR No. 4503/2022 passed by the High Court At Calcutta) GAGAN BANGA & ORS. Petitioner(s) VERSUS STATE OF WEST BENGAL & ANR. Respondent(s) ( IA No.61911/2023-CONDONATION OF DELAY IN FILING and IA No.61898/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.61904/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) ) Date : 29-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Karan Bharihoke, Adv. Mr. Gautam Awasthi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Permission to file petition is granted. Delay condoned. Application seeking exemption from filing C/C of the impugned judgment is allowed. At the request of learned counsel for the petitioner, tag with Cont. Pet. (C) No.774/2023 in Crl. A. No.463/2022. (RASHMI DHYANI PANT) (RAM SUBHAG SINGH) COURT MASTER BRANCH OFFICER
1 REVISED* ITEM NO.10 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) Date : 27-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Karan Bharihoke, Adv. Mr. Gautam Awasthi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R It is contended that the present petition under Section 12 of the Contempt of Court Act, 1971 read with Article 129 has been filed against the respondent for an alleged willful disobedience and blatant violation of law laid down by this Court in the case of Vijay Kumar Ghai & Anr. Vs. State of West Bengal & Ors. 1 Learned counsel for the petitioner submits that the action of registering an F.I.R. in the State of West Bengal (Kolkata), where no cause of action arose and in respect of a civil dispute by giving it a criminal colour, when the matter is pending in a civil 1 (2022) 7 SCC 124
2 suit is in direct contravention and disobedience of the dictum of this Court in the case of Vijay Kumar Ghai & Ors. (Supra). To support the contention that deliberate and mala fide conduct of not following the law laid down by this Court, tantamounts to contempt, reliance is placed on the judgment of this Court rendered in the case of “ Shri Baradakanta Mishra, Ex Commissioner of Endowments Vs. Shri Bhimsen Dixit” (1973) 1 SCC 446. Prima facie the matter requires consideration. Issue notice returnable within four weeks. Dasti service, in addition, is permitted. Personal appearance of the alleged contemnor(s) is dispensed with for the time being. Considering the facts and circumstances, by way of an ad interim order, there shall be stay of proceedings arising out of FIR No.646 of 2022 dated 26.10.2022 registered at police station Titagarh, Barrackpur Police Commissionerate, North 24, Parganas, West Bengal including the effect of orders/letters dated 01.12.2022 & 06.12.2022. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (*Revised for appearance)
3 ITEM NO.10 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) Date : 27-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Gautam Awasthi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R It is contended that the present petition under Section 12 of the Contempt of Court Act, 1971 read with Article 129 has been filed against the respondent for an alleged willful disobedience and blatant violation of law laid down by this Court in the case of Vijay Kumar Ghai & Anr. Vs. State of West Bengal & Ors. 2 Learned counsel for the petitioner submits that the action of registering an F.I.R. in the State of West Bengal (Kolkata), where no cause of action arose and in respect of a civil dispute by giving it a criminal colour, when the matter is pending in a civil suit is in direct contravention and disobedience of the dictum of 2 (2022) 7 SCC 124
4 this Court in the case of Vijay Kumar Ghai & Ors. (Supra). To support the contention that deliberate and mala fide conduct of not following the law laid down by this Court, tantamounts to contempt, reliance is placed on the judgment of this Court rendered in the case of “ Shri Baradakanta Mishra, Ex Commissioner of Endowments Vs. Shri Bhimsen Dixit” (1973) 1 SCC 446. Prima facie the matter requires consideration. Issue notice returnable within four weeks. Dasti service, in addition, is permitted. Personal appearance of the alleged contemnor(s) is dispensed with for the time being. Considering the facts and circumstances, by way of an ad interim order, there shall be stay of proceedings arising out of FIR No.646 of 2022 dated 26.10.2022 registered at police station Titagarh, Barrackpur Police Commissionerate, North 24, Parganas, West Bengal including the effect of orders/letters dated 01.12.2022 & 06.12.2022. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.57 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) Date : 20-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Karan Bhanihoke, Adv. Mr. Gautam Awasthi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 27.03.2023. Permission to file the additional documents is granted. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.52 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONTEMPT PETITION (C) No. 774/2023 in Crl.A. No. 463/2022 GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) Date : 17-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Gautam Awasthi, AOR For Respondent(s) UPON hearing the counsel the court made the following O R D E R List on 20.03.2023. (Geeta Ahuja) (Beena Jolly) Assistant Registrar-cum-PS Court Master
ITEM NO.802 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONTEMPT PETITION (CIVIL) Diary No(s). 10010/2023 (Arising out of impugned final judgment and order dated 22-03-2022 in Crl.A. No. No. 463/2022 passed by the Supreme Court Of India) GAGAN BANGA Petitioner(s) VERSUS SAMIT MANDAL & ANR. Respondent(s) Date : 13-03-2023 This matter was mentioned today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Gautam Awasthi, AOR (mentioned by) For Respondent(s) UPON being mentioned the Court made the following O R D E R List on 17.03.2023. (SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)