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Calcutta High CourtWPCRC/194/2023disposed

Sitangshu Kumar Kar And ANR v. Pankaj Tamang

2023-12-01Hon'Ble Justice Md. Nizamuddin2 pages

01.12.2023 PB Sl. No.3.

WPCRC 194 of 2023 in WPA 29177 of 2017 Sitangshu Kishore Kar & Anr.

Vs Pankaj Tamang Mr. Samin Ahmed, Ms. Ambiya Khatun.

... For the Petitioners.

Mr. Biswabrata Basu Mallick, Ms. Parna Roy Choudhury.

......for the alleged contemnor.

Heard learned advocate appearing for the petitioner and the alleged contemnor.

The appearance of Mr. Basu Mallick and Ms.

Roy Choudhury may be regularized by the authorities. Learned advocate representing the alleged contemnor produces the documents being order dated 21st November, 2023, passed by the authority concerned and on perusal of which I find that the order of this Court dated 28th June, 2021, alleged to be violated has already been complied with and a copy of such order passed in compliance of the order of this Court be kept with the record. Learned advocate for the alleged contemnor has filed the said orer in the form of affidavit in court.

Considering the facts and circumstances of the case, I am of the considered view that since the order of this Court alleged to have been violated, has already been complied with, this contempt proceeding is dropped with a caution to the authority to not to take the order of this Court very casually and not to repeat such type of mistake. It is clarified that if at all petitioner is not satisfied with the order of the authority in compliance of the order of this Court that may give rise to a fresh cause of action, but contempt proceeding no more survives.

Accordingly, this contempt application being WPCRC 194 of 2023 is disposed of.

( Md. Nizamuddin, J.)