PRANAB KUMAR DEB,J. - (1.) THE three applications i) Filed by the defendant nos.1 and 2 for extension of time to file the written statement,and the two other applications filed bythedefendant No.3 - ii) For recall of the order for ex parte hearing of the suit. iii) Applications for condonation of the delay in filing the written statement and also for leave to file Vakalatnama and the written statement. are taken up together.
(2.) THE instant suit was filed by the plaintiff, C.E.S.C. Ltd. for recovery of decree of Rs.25 crores against the defendants and perpetual injunction, restraining them from publishing derogatory and defamatory telecast against the plaintiff.It was alleged in the plaint that on or about 12th March, 2004 at about 10 P.M. the defendants telecast a program under the name and style 'Khoj Kabar', alleging that C.E.S.C. Ltd. had unleashed of 'Mafia Giri' and also resorted to brute force to achieve its end. Following the presentation of the plaint and on the application made on behalf of the plaintiff, a Receiver was appointed. Alleging that the direction of the Court had been violated, a contempt proceeding was initiated. Contempt proceedings were drawn up against all the defendants. Challenging the finding of the learned Single Judge, two separate appeals were preferred.
(3.) THE Appellate Court allowed the appeal preferred by defendant no. 3 by exonerating defendant no. 3 from the liability in connection with contempt proceeding. The order passed by the Learned Single Judge against defendant nos. 1 and 2 was, however, affirmed by the Appellate Court, Challenging the finding of the Appellate Court the defendant nos. 1 and 2 preferred SLP. The SLP was allowed with liberty to the defendant nos. 1 and 2 to file the written statement within three weeks of passing of the order.;