The State Of West Bengal & ORS v. Mukunda Mohan Halder & ORS

CPAN 74 of 2021 Item 3.

In MAT 873 of 2020 18-05-2022 sg Ct. 8 Mukunda Mohan Halder & Ors.

Versus

Abhishek Biswas Mr. Tapas Kr. Bhattacharya, Adv.

Mr. Aviroop Bhattacharya, Adv.

...for the petitioners Mr. Susovan Sengupta, Adv.

Mr. Subir Pal, Adv.

...for the contemnor The affidavit on behalf of the alleged contemnor filed in Court is taken on record.

We are not satisfied with the explanation offered by the contemnor in not complying with the order dated 17th April, 2019 within time i.e. 15th July, 2019.

The affidavit is unsatisfactory, as it does not furnish any reason for the alleged and delayed compliance of our order. Moreover, it does not furnish the basis of calculation of the compensation amount.

Mr. Tapas Kumar Bhattacharya, Advocate appearing for the petitioners submits that the said amount has not been paid in accordance with clause 3 sub-clause (xi) of the Memorandum dated 25th February, 2016.

We accept the submission made by Mr. Bhattacharya as it needs to be satisfied that there has been compliance with our order in true letter and sprit in view of the unsatisfactory affidavit.

Before we consider the apology sought to be tendered by the alleged contemnor, we give another opportunity to the contemnor to file an affidavit with better particulars and justify the cause of delay.

Let this matter be listed on 16th June, 2022 at 12:45 PM. The alleged contemnor shall be personally present with the affidavit on the adjourned date.

(Ravi Krishan Kapur, J.) (Soumen Sen, J.)