OIPD-7 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE Special Jurisdiction (Contempt) (Intellectual Property Rights Division) CC/78/2023 RAJASTHAN FERTILIZERS AND CHEMICAL CORPORATION LIMITED VS MR PROJAY SINGHA ROY AND ORS BEFORE: The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 13th May, 2025. Appearance: Mr. Sabyasachi Chowdhury, Sr. Adv. Ms. Urmilla Chakraborty, Adv. Ms. Paramita Banerjee, Adv. Ms. Sonali, Pal, Adv. …for the petitioner Mr. Arindam Chatterjee, Adv. Ms. Sahana Pal, Adv. Mr. S. Mitra, Adv. …for the alleged contemnor nos. 1 and 2 The Court: The instant application is for alleged violation of an order dated 6th May, 2022. Briefly, by the order dated 6th May, 2022, this Court, inter alia, directed as follows: “Without prejudice to the rights and contentions of the parties, the defendant undertakes to pay a sum of Rs.1,25,000/- (alongwith GST) on account of occupational charges of the suit premises to the petitioner till the pendency of this application. Insofar as the arrear occupational charges are concerned it is submitted by the defendant that the last paid occupational charges 2 was till March, 2020. The defendant undertakes to pay the arrear occupational charges since April 2 2020 till April 2022 in twelve equal monthly installments the first of which shall commence from May 2022. Let this matter appear in the monthly list of June 2022. Liberty is granted to the petitioner to mention this matter in case of default of any one of the installments.” It is submitted on behalf of the petitioner that there has been deliberate and intentional violation of the undertaking given to Court and the alleged contemnors have failed to pay any occupational charges for the period April, 2020 till April, 2022 in the manner prescribed by the order dated 6th May, 2022. On behalf of the alleged contemnor, Mr. Projay Singha Roy, a partner of M/s. Bengal Industrial Corporation is present in Court. The matter has been heard on diverse dates and repeated orders have been passed including orders for arrest of the contemnors. It is alleged on behalf of the petitioner that the total dues (including GST) and interest are in excess of Rs.84 lakhs. On behalf of the alleged contemnors, it is submitted that the aggregate payment to be made to the petitioner is approximately Rs.28 lakhs up to May, 2023. In view of the fact that the matter has been pending since July, 2023 and the proceedings for mesne profits are also pending final adjudication, CC/78/2023 stands disposed of by directing the contemnors to make payment of a sum of Rs.30 lakhs in equal monthly instalments within a period of 10 (ten) months from the date of passing 3 of this order. The first of such instalments shall be paid on 2 June 2025 and thereafter on the 1st of every month. All points are left open to be decided in the pending proceedings for mesne profits. All interim orders stand vacated, the order of arrest of the alleged contemnors shall remain permanently stayed. (RAVI KRISHAN KAPUR, J.) S.Bag