Vineet Kothari Vs Vipul Harsh (Calcutta High Court)
Summary: The Calcutta High Court considered an application under Article 215 of the Constitution of India alleging wilful, intentional, deliberate and contumacious violation of its interim order dated September 16, 2022. By that order, a Co-ordinate Bench had stayed proceedings in ML Case No. 5 of 2018 pending before the Special Judge, CBI, Court No. 1, City Sessions Court at Calcutta while admitting Criminal Revisional Application No. 3450 of 2022 filed by accused Vineet Kothari. The interim stay was subsequently extended from time to time.
During the subsistence of the stay, Vipul Harsh, who was working as Assistant Director, Enforcement Directorate (Prevention of Money Laundering Act), Kolkata Zone-1, seized several items on June 29, 2024. In his affidavit of compliance, the alleged contemnor gave details of the connected ML Case No. 5 of 2018 arising from ECIR No. KLZO/08/2016 and stated that the seizure had been undertaken on the assumption that the stay of proceedings in the ML case did not curtail the Department’s power to continue investigation under the Prevention of Money Laundering Act, 2002.
Upon examining the stay order and seizure memo, the High Court observed that the alleged contemnor prima facie clearly violated the stay order while conducting the seizure during its subsistence. The alleged contemnor asserted that he had not intentionally committed any contumacious act and had acted on the Department’s interpretation. He ultimately tendered an unconditional apology and stated that he had never intended to go against the majesty of the High Court.
The Court found the apology genuine and sufficiently explained. It accepted the apology while cautioning the alleged contemnor to be more careful in future and held that nothing further remained to be adjudicated in the contempt application. Consequently, CRLCP 25 of 2024 was disposed of. As regards the main revisional application, CRR 3450 of 2022 was directed to be listed as a “Part Heard Matter” on September 10, 2026 at 2 p.m., and the interim order was continued till September 18, 2026. CRAN 24 of 2026 was also disposed of.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. This is an application under Article 215 of the Constitution of India for wilful, intentional, deliberate and contumacious violation and disobedience of the order dated September 16, 2022 passed by the then Co-ordinate Bench of this Court, by the alleged contemnor.
2. Having heard the submission of the learned counsels and upon perusal of the material on record, this court finds that the then Co-ordinate Bench of this Court stayed the proceeding in respect of ML Case No. 5 of 2018 pending before the Learned Special Judge, CBI, Court No.1, City Sessions Court at Calcutta while admitting the Criminal Revisional Application No. 3450 of 2022 filed by one of the accused, Vineet Kothari vide order dated 16.09.2022, subsequently the said interim order was extended from time to time by this court.
3. During the existence of such interim order of stay, the alleged contemnor viz. Vipul Harsh worked as the Assistant Director, Enforcement Directorate (Prevention of Money Laundering Act), Kolkata Zone-1, Kolkata-700064, seized several items as per seizure memo on 29.06.2024.
4. The alleged contemnor has filed affidavit of compliance. He has given the details of the entire case, which is pending before the Special Court in connected ML Case No. 5 of 2018, arising from ECIR No. KLZO/08/2016. He also indicated the role of the present petitioner in the case and that he seized several items which have been mentioned in the seizure memo (inventory of items) on 29.06.2024 to unearth the truth on the assumption that the stay order on the proceeding of M.L Case No.5 of 2018 does not curtail the power of the Department to continue with the investigation in ECIR/KLZO-I/08/2016 under the prevention of Money laundering Act, 2002.
5. Upon perusal of the stay order passed by the then Coordinate Bench and the seizure memo, it seems the alleged contemnor prima facie clearly violated the stay order while conducting the seizure, even in the existence of the stay order of the proceeding.
6. Learned senior counsel representing the alleged contemnor draws attention to paragraph no. 28 of the affidavit of compliance filed by the alleged contemnor. The alleged contemnor asserted that he had not committed any contumacious act intentionally, and acted only on the basis of the department’s interpretation. Be that as it may, he ultimately tendered an unconditional apology before this court and stated it was never his intention to go against the majesty of this Hon’ble High Court.
7. Upon careful perusal of the averment made in the affidavit of compliance, this Court is of the opinion that his apology appears genuine and sufficiently explained.
8. Accordingly, the same is accepted by this Court with a caution that the alleged contemner shall be more careful in future. Nothing further remains to be adjudicated in the present contempt application.
9. Consequently, CRLCP 25 of 2024 is disposed of with the above observations.
10. Having heard both sides on the main revisional application, let CRR 3450 of 2022 be listed for hearing under the heading “Part Heard Matters” on 10.09.2026 at 2 pm.
11. In the meantime, the interim order shall continue till 18.09.2026.
12. Accordingly, CRAN 24 of 2026 is disposed of.
13. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
14. Urgent certified photostat copy of this order, if applied for, be supplied to the parties upon compliance with requisite formalities
