Amalendu Sarkhel v. Aminul Ahsam

07.10.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction APPELLATE SIDE WPCRC 26 of 2009 In WPA 20130 of 2005 Amalendu Sarkhel Vs.

Aminul Ahsan & Anr Mr. Ekramul Bari, Mr. Sk. Imtiaj Uddin ... For the applicant/petitioner.

Mr. Supriyo Choattopadhyay, Mr. Suman De ... For the alleged contemnors/respondents.

It is submitted by the learned advocate representing the alleged contemnors/respondents that the order dated 30th September, 2021, passed by this Court has been complied with. A gross amount of Rs.11,99,142/- has been remitted to the Bank account of the petitioner. The documents evincing compliance of the order dated 30th September, 2021 is made over to the Court and are taken on record. The compliance of the order dated 30th September, 2021 also amounts to compliance of the order dated 23rd February, 2006, passed in WP 20130 (W) of 2005, being the subject matter of the contempt petition. The contempt proceedings are dropped by recording compliance of the order in contempt. The

contempt petition is disposed recording the compliance without any further order. The Rule stands discharged.

Personal appearance of Mr. Nazrul Islam Sipai and Mr. Sanghamitra Makur is dispensed with since the contempt petition itself stands disposed of. Since in exercise of contempt jurisdiction, I cannot pass any order for interest on the delayed payment, if any, of the money to the petitioner in compliance with the order dated 23rd February, 2006, the petitioner will be at liberty, if permitted in law, to pray for such relief irrespective of the contempt petition being disposed of. The prayer in this regard made by the petitioner through his advocate is, therefor, kept open.

(Arindam Mukherjee, J.)