Biswanath Somadder, J. - (1.) In re: CAN 10412 of 2018 Let the affidavits filed in Court today in connection with CAN 10412 of 2018 be taken on record. The instant application, being CAN 10412 of 2018, was filed on 21st December, 2018, after issuance of a Rule of Contempt on 10th December, 2018, for alleged violation of a judgment and order dated 2nd August, 2018, passed by this Court in FMA 3516 of 2014 with CAN 7877 of 2014.
(2.) The genesis of this application seeking clarification appears to be an order dated 20th September, 2018, passed by the Hon'ble Supreme Court in Special Leave to Appeal (C) No(S) 23922/2018. The said order is reproduced hereinbelow:- "Learned counsel for the petitioner seeks permission of this Court to withdraw this special leave petition. The special leave petition is dismissed as withdrawn with liberty to apply to the court concerned for appropriate clarification provided a case to the effect is made out on the facts."
(3.) In the instant application, the applicant, being M/s. Canon Electronic Systems, being the respondent/writ petitioner has made the following principal prayer:- "a) An order clarifying and/or modifying the impugned judgment and order dated 2nd August, 2018 passed by the Hon'ble Justice Debasish Kar Gupta and Hon'ble Justice Shampa Sarkar in F.M.A. No.3516 of 2014 with CAN 7877of 2014 that the requirements under Section 65A and 65B of the Indian Evidence Act, 1872 are not required to be complied with by the applicant herein in the facts and circumstances of the case and accordingly further appropriate clarification and/or resultant modification of the impugned judgment and order." ;