Bikash Mandal v. Satibrata Mandal Jana

13.12.2023 SL No.1 Court No.8 (gc) CRC 14 of 2023 In FAT 177 of 2020 CAN 4 of 2023 Smt. Satibrata Mandal (Jana) Vs.

Sri Bikash Mandal Mr. Debasish Kundu, ...for the Applicant/Petitioner.

Mr. Devranjan Das, ...for the Contemnor.

Mr. Suddhadev Dhole, ...for the State.

1. The alleged contemnor is produced in execution of the warrant. The alleged contemnor was the husband of the petitioner. He had a child. The petitioner and the alleged contemnor entered into a compromise settlement before the learned Mediator on the basis of which a decree was passed. The alleged contemnor has submitted that he could not clear arrears amount in terms of the settlement as he did not receive salary from the College. However, he has assured that all arrears shall be cleared by 31st January, 2024.

2. On the basis of such assurance, we drop the contempt proceeding.

3. In the event of failure to clear the arrears in terms of the settlement, the petitioner shall be at liberty to approach the Civil Court for execution.

4. Rule stands discharged.

5. The contempt petition, accordingly, stands disposed of.

6. In view of disposal of the contempt petition, the application being CAN 4 of 2023 also stands disposed of.

7. The alleged contemnor shall be released immediately without furnishing any bond.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)