Hutchison Telecom East Limited Petitioner v. Alapan Bandyopadhyay & Anr. S

The Court : The present application for contempt has been filed for violation of the an order dated March 20, 2003 passed in G.A No. 1108 of 2003 (APOT No. 200 of 2003). The said order is quoted below :

“The Court : Let there be an order in terms of prayer (a) of the petition.

Heard counsel for the parties.

With the consent of the parties, the appeal is treated as on day's list.

After hearing the counsel for the parties, this Court is of the view that the learned counsel for the petitioner-appellant has been able to make out a prima-facie case on the interpretation of section 204(2)(c) of the Calcutta Municipal Corporation Act, 1980. We have been informed that this writ petition has been set down for hearing by the learned Judge of the first court sometime towards the end of this month and we are sure that this question will be gone into that proceedings.

In the meantime, we direct the learned counsel for the appellant-petitioner to apply for permission for its dealer board and glowsigns hung up in the city of Kolkata within seven days from date. If such an application is made the Kolkata Municipal Corporation will consider the same without deciding the liability of the appellant-petitioner to pay tax under Section 204(c) of the Act. At the time of making such application for permission, the appellant-petitioner will also inform the KMC of the exact number of dealer boards and glowsigns which it has put up in different part of Kolkata. The appellant-etitioner is also to deposit an amount of Rs. 4 lakh on ad hoc basis without prejudice to their rights and contentions. The KMC will hold the said amount in a separate account and the KMC undertakes to refund the same in the event the writ petition succeeds. Such payment will be made by Mr. Mitter's clinet by 24.3.03 On these conditions, there will be an interim order in terms of prayer (c) of the petition till 24.3.03 and if such deposit is made on 24.3.03 such interim order will continue till the disposal of the writ petition by the learned Judge of the first Court. It is also made clear that if the appellant-petitioner wants to put up further dealer board or glowsign they will have to first make an application to the Kolkata Municipal Corporation which should be considered by the KMC on the basis mentioned above. On the above terms, both the appeal and the application are disposed of. All undertakings are discharged.

In the absence of affidavit the allegations contained in the stay petition are not admitted by the respondent.

Parties sare to act on a xerox of the signed copy of this dictated order on the usual undertaking.”

It is alleged in the contempt petition that in spite of specific direction of this Court the contemnor-opposite parties issued notices of demand by which the petitioners were directed to pay advertisement tax. Such notices are also annexed to the present application for contempt and are appearing at pages 53 to 57. Pursuant to our earlier direction affidavits have been filed by both the parties. Mr. Chatterjee, learned counsel appearing for the contemnor-opposite parties submits, in his usual fairness that admittedly there is a violation of the order passed by this Court but such violation was neither deliberate nor willful. Because of some communication gap these notices were issued by the Municipal Corporation staff. Mr. Chatterjee also submits that in their affidavit-in-opposition the contemnor-opposite parties have tendered their unqualified apology for the same. It is the submission of Mr. Chatterjee that such unqualified apology may be accepted by this Court. Mr. Sanyal, learned counsel appearing for the petitioner, in his usual fairness, also submits that at present the petitioner does not have any grievance against the contemnor-opposite parties.

We have heard the learned counsel for he respective parties and also perused the affidavits filed by the respective parties. Considering the facts and circumstances as also the submissions made by the respective parties we accept the unqualified apology tendered by the contemnor-opposite parties. We also direct the contemnor-opposite parties to see that the order passed by this Court dated March 20, 2003 is strictly complied with. The present application is accordingly disposed of. The Rule of contempt which was earlier issued by this Court is also accordingly discharged.

All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.