Manashnath Roy, Actg.,J. - (1.) Section 23 of the Contempt of Courts Act, 1971 (hereinafter referred to as the said Act), empowers the Supreme Court or, as the case may be, any High Court, to make Rules, not inconsistent with the provisions of the said Act, for any matter relating to its procedure and in terms thereof, our High Court in exercise of such powers and also in exercise of its powers under Article 215 of the Constitution of India, framed Rules regulating to procedure, in Contempt of Court matters itself or of a Court subordinate to it and those Rules (hereinafter referred to as the said Rules), came into force on and from 1st September, 1975, on incorporation under Notification No. 10171-G dated 2nd Aug. 1975 and the same was published in the issues of the Calcutta Gazette dated 18th September, 1975.
(2.) In this appeal which was presented on 23rd June, 1988, against orders dated 1st June, 1987 and 21st June, 1988 as made by a learned Single Judge of this Court in an application filed by the Additional Collector of Central Excise and Customs, Shillong in C.O. No. 9996 (W) of 1987 (G.T.C. Industries Ltd. and Anr. v. The Principal Collector, Central Excise & Customs, Eastern Region and Collector of Central Excise & Customs, Shillong and Ors.) and the application for appropriate orders filed therein. We have got to consider the submissions as made on behalf of the parties appearing, to the import and effect of the said Rules and that is the reason why we have incorporated the earlier process in which the said Rules were framed and formulated.
(3.) M/s. G.T.C. Industries Ltd. and Golden Investment (Sikkim) Pvt. Ltd. (hereinafter referred to as the said Companies), of which the appellants herein, have claimed to be the officers and stationed in various parts of India, on or about 18th Nov. 1987, the said Companies filed and moved an exparte writ application, which was numbered as CO. No. 9996 (W) of 1987, challenging therein amongst others, the validity of the summons issued under Section 14 of the Central Excises & Salt Act, 1944 (hereinafter referred to as the said 1944 Act), by the Additional Collector of Central Excise, Shillong. In fact, the necessary summons under Section 14 of the said 1944 Act, was issued to various officers of the said Companies. On the said application the learned Trial Judge was pleased to direct the petitioners before him to serve copies of the concerned application within a stipulated time and further directed the said proceeding to appear before him on 23rd Nov., 1987, with a further directions that in the meantime, status quo as of that date should be maintained by the parties.;