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Calcutta High CourtCPAN/147/2022dismissed

Monohar Singh v. Sumita Mukherjee

2023-01-11Hon'Ble Justice Suvra Ghosh2 pages

January 11, 2023 ARDR (3) CPAN 147 of 2022 In WPA 16310 of 2021 Monohar Singh Vs.

Sumita Mukherjee Adv. Lakshman Chandra Halder, ...for the applicant/petitioner.

Adv. Chandi Charan De, Adv. Anirban Sarkar, ...for the alleged contemnor.

Affidavit of compliance submitted on behalf of the alleged contemnor is taken on record.

It is submitted on behalf of the alleged contemnor that the order under contempt has been complied with by the concerned officer.

The affidavit of compliance indicates that the alleged contemnor delivered charge of the office of the Deputy Labour Commissioner on 30th November, 2018. The order under contempt was passed on 1st December, 2021. Since the alleged contemnor did not hold the post of Deputy Labour Commissioner (respondent no.3) when the order under contempt was passed, she is not governed by the said order.

For the same reason, the contempt application filed against Ms. Sumita Mukherjee does not lie.

Accordingly, the contempt application being CPAN 147 of 2022 is dismissed.

There shall however, be no order as to costs.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)