Sankar Mukherjee v. Rahul Kumar Pande

AD-13 Ct No.09 08.03.2024 TN CPAN 5 of 2024 In WPA 20767 of 2023 Shri Sankar Mukherjee Vs.

Rahul Kumar Pande and another Mr. Sankar Mukherjee .... petitioner in person Mr. Abhishek Banerjee, Ms. Parna Roy Choudhury .... for the alleged contemnors

1. Affidavit-of-service filed today be kept on record.

2. Learned counsel for the alleged contemnors hands over a printout of a server copy of an order dated February 28, 2024 passed by the Division Bench in MAT 2483 of 2023, which appeal was preferred against the order under contempt. It is apparent from the said order that the appeal and the connected application were allowed by the Division Bench and a direction was issued to the Anti Bank Fraud Section to proceed with the investigation and if required statement of the petitioner was to be recorded after issuing a notice.

3. Thus, in view of the order under contempt having been set aside by the appellate court, there is no scope for proceeding further with the contempt application.

4. Accordingly, in the light of the above observations and keeping the order of the Division Bench on record, CPAN 5 of 2024 is disposed of.

5. There will be no order as to costs.

6. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)