- (1.) This contempt application arises out of an order passed in an interim application in a suit. The suit was instituted in this court by the alleged trustees of the Charitable Trust, "Maharshi Menhi Charitable Trust", registered as a charity under the Income Tax Act, 1961. They question, the appointment of the defendants as trustees and for appointment of a suitable person or persons as trustees. They also ask for a scheme to be framed by this Court to carry out the purposes of the trust. This suit was instituted in the year 2013. In aid in the suit an interim application was taken out by the plaintiffs asking for an order restraining the defendants from dealing with or disposing of the trust properties. On this application, on 10th May, 2013, this Court passed an order recording an assurance on behalf of the defendants, made by their counsel that the property in Agarpara where the registered office of the trust was situated would not be dealt with or disposed of by the defendants. Furthermore, its nature and character would not be changed. This court specifically recorded that in view of this assurance no interim order was called for.
(2.) The present application is a contempt application accusing the defendants of wilful disobedience to the order dated 10th May, 2013. Photographs have been annexed to the petition to show that after the order was passed the building at Agarpara was substantially demolished. No date of demolition is mentioned. But paragraph 8 of the affidavit-inopposition to the contempt application of the first defendant (alleged contemnor no.1) says that a part of the building collapsed on 10th November, 2013. The interim order was made on 10th May, 2013. This contempt petition was filed on 1st April, 2014. On 2nd May, 2014 a contempt rule was issued. Thereafter directions were made for filing of affidavits in the contempt application. However, on 7th November, 2014, whilst this contempt application was pending, the interim application was dismissed by a learned single Judge of this court. The plaintiffs preferred an appeal from the said order. The order of the learned single Judge was affirmed on appeal on 8th October, 2015. When the alleged violation of this order was made the order was in force.
(3.) The order dated 10th May, 2013 was in force when the contempt application was filed and the contempt rule issued. When the contempt application came up for hearing before me, the interim order stood discharged because the interim application was dismissed. Now, the question is: What is the effect of an order of injunction, subsequently discharged Is the order of injunction set aside from the date it was passed and the effect is that it never existed at any point of time Or, was the order good till it was set aside and any violator of this order liable to be punished for disobedience to it;