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DEBIBRATA CHATTOPADHYAY v. JHARNA GHOSH

Supreme Court of India | Diary 6957/2022

Status

Order

Decided On

2022-08-26

Bench

HON'BLE MR. JUSTICE B.R. GAVAI and HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Petitioner

DEBIBRATA CHATTOPADHYAY

Respondent

JHARNA GHOSH

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

CONTEMPT PETITION (C) NO. 320 OF 2022 IN

CIVIL APPEAL NO. 8264 OF 2016

DEBIBRATA CHATTOPADHYAY Appellant(s)

VERSUS

JHARNA GHOSH & ANR. Respondent(s)

O R D E R

This Court vide order dated 23.08.2016 has

observed thus:

"...We, therefore, direct the respondents to pay occupational charges from 01.05.2006 to 31.08.2016 @ 14000/- per month which workout to sum of Rs.17,36,000/-. Same shall be paid within eight weeks in two installments. First installment will be paid within four weeks' which is a sum of Rs. 8,68,000/- and next installment shall be paid within four weeks, thereafter, which is also a sum of Rs.8,68,000/- and from 01.09.2016, use and occupational charges shall be paid till the decision of the Trial Court.

The aforesaid order shall be subject to the final decision in the O.S. by the Trial Court. The Trial Court shall decide the suit within a period of one year from the date of receipt of the copy of this order.

We make it very clear that if the arrears of the amount from 01.05.2006 to 31.08.2016, as stated supra, is not paid by the respondents, the evidence filed in the case shall be struck off and the court shall proceed further in the matter and decide the case as directed by us..."

It is not in dispute that the respondent has not

paid the occupation charges as directed by this Court.

2

The effect of the order pa...

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