Abhijit Das v. Chittaranjan Pal And ORS

13.05.2022.

Item No. 17.

Court No.13 ap W.P.C.R.C. No. 60 of 2022 Arising out of W.P.A. No. 3602 of 2021 (Through Video Conference) Abhijit Das

Versus

Chittaranjan Pal, President of Ghoralia Samabay Krishi Unnayan Samity Limited & Ors.

Mr. Debasish Banerjee, Mr. Supreem Naskar.

...For the petitioner.

Mr. Srijan Nayak, Ms. Rituparana Moitra, Mr. Ankit Sureka, Mr. Partha Sarathi Pal.

...For the State.

Mr. Aninda Lahiri, Mr. Manas Malakar.

...For the alleged contemnors.

Pursuant to the rule issued by this Court, the alleged contemnors are personally present in Court today Cause has been shown.

The President of the Society has filed an affidavit in answer to the Rule on his behalf, Secretary and seven Directors of Ghoralia Samabay Krishi Unnayan Samity Limited.

It appears that there has been a delay in complying with the order of this Court dated 8th April, 2021.

This Court is unhappy with the fact that other contemnors have not filed any affidavits explaining their conduct individually. The same is by itself an admission of contempt. In addition thereto, the

explanation provided that the Board was not constituted, or not functional, or was prevented from ensuring compliance due to pressure of other works and the COVID-19 situation, is wholly unacceptable. This Court finds that there is prima facie contempt. However, in the facts and circumstances of this case, the instant contempt application is disposed of with warning to each of the contemnors to be more cautious while complying with the orders of the Court, and to do so in time.

Copy of the decision of the Board is handed over to the Counsel for the petitioner.

Rule shall stand discharged.

The contempt application is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)