JUDGEMENT
SOUMEN SEN,J. -
(1.) The contemnor Mr. Deo Kumar Saraf is present in Court. He has given undertaking that he shall appear as and when directed by this Court. He has also filed an affidavit in answer to the Rule.
(2.) The main interlocutory application was disposed of on 18th June, 2018. The operative portion of the said order reads as follows;
"Under such circumstances, the defendant no. 1 is restrained from making any publication in any journal and/or newspaper questioning the integrity of the plaintiff relating to the land in question till the issue is decided in the pending proceedings. However, it would not prevent the defendant no. 1 from making statements, if occasion so arises, in relation to the land in question, without disparaging remarks concerning the plaintiff. Mr. Tiwari on behalf of the defendant no. 1 has assured that the defendant no. 1 would not make any such statement which would be derogatory or defamatory concerning the integrity and character of the plaintiff in relation to the transaction in question. The plaintiff has also assured that the plaintiff shall not go public with his claim for donation until the matter is decided by the appropriate forum.
The other defendants, namely the defendant nos. 3, 5 and 6, on earlier occasion had submitted that they do support the statements made by the defendant no. 1 on behalf of the Trust. The defendant no. 5 has filed an affidavit stating that he was part of any decision making process and has resigned in the meantime.
The order is confined to the defendant no. 1 as the other defendants have taken a stand that they are supporting the defendant no. 1. This order shall however prevent the respondent no. 1 from making any communication to the plaintiff in private relation to the said transaction making his stand clear, without using defamatory and inappropriate expressions."
(3.) A supplementary affidavit disclosing a publication dated 15th July 2018 in which the contemnor has made the following statement with the knowledge of the order;
"By way of A/C Payee Cheque, I had purchased 182 katthas of land at Rajarhat for the purpose of building a hospital for the poor, but the seller of the land also sold the same land to someone else. There can be no greater crime than this. All the rich people of society stood there as mute spectators, turning a blind eye to this unpardonable offence".;
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