- (1.) THIS appeal is directed against an Order dated 14th March, 2008 passed by the Hon'ble first Court holding the respondent's guilty for committing contempt of Court.
(2.) THE facts of the case briefly are as follows : a suit for defamation was instituted against the appellants and the pro forma respondent on 13th May, 2004 for telecasting programme against the CESC Ltd. in news Magazine under the name and style of "khoj Khabar". In the said suit an interlocutory application was filed and the following reliefs were prayed as follows :-"injunction be passed restraining the respondents and each one of them by themselves or by their servants, agents or otherwise from publishing or causing to be published by broadcasting/telecasting any defamatory programmes similarly to that as telecast on March 12, 2004, March 29. 2004 and April 30, 2004 contained in Annexures "a" and "b" hereto or otherwise in any manner whatsoever. "
(3.) ON May 17, 2004, an order was passed by the Court in terms of prayers (a) and (b)of the said petition till 21 st June, 2004 with a liberty to apply for extension of the said order. Subsequently, the order was directed to be continued and on 30th November, 2005, an order was passed by the Hon'ble court, inter alia, appointing the Joint Receivers and directed them to take possession to all materials and documents, films and materials connected with the said programme of "khoj Khabar" telecasted on march 12, 2004; March 29, 2004 and April 30, 2004 respectively at 10. 00 p. m. and also copies of C. D. if they are available at the defendants' office. The said order was passed in ex parte according to the appellants and came within the knowledge of the appellants as contended on 11th of January, 2006. It is further the case of the appellants that four persons came to the office of the appellant no. 1 and identified themselves as CESC employees and produced a copy of the order dated 30th of November, 2005 and the appellant No. 3 along with the co-employees, namely, Shri Sankar Saha, Shri Ratan das, Shri Rabi Sankar Saha and Shri sambhu Ghosh duly complied with the hon'ble Court's order by handing over the d. B. Cassette in connection with the said matter after making an entry in their telecast register.;