Calcutta High CourtCPAN/637/2023disposed

Kumar Kanti Bose v. Peali Saha Chief Executive Officer Bankura And ANR

2023-07-07Hon'Ble Justice Md. Nizamuddin2 pages

7.7.2023 CPAN 637 of 2023 In ks WPA 4064 of 2023 sl.2 Kumar Kanti Bose Vs Peali Saha, The Chief Executive Officer, Bankura District Central Co-operative Bank Ltd. & Anr. Mr. Biswaroop Bhattacharya, Mr. Soumik Ganguli, Mr. P. Choudhury ... For the Petitioner/ Applicant.

Mr. Saikat Banerjee, Mr. Arnab Ray ... For the alleged contemnor No.1.

Mr. Susanta Pal, Mr. Pradip Pal ... For the alleged contemnor No.2.

Mr. Pradip Kumar Roy, Mr. Joydeep Roy ... For the State.

Heard learned Advocates appearing for the respective parties.

Petitioner has filed this contempt application for the alleged violation of the order of this court dated 22nd March, 2023, by which the alleged contemnors were asked to make payment relating to retirement benefits which the petitioner is entitled during the pendency of the writ petition.

Mr. Nayak, learned Advocate representing the alleged contemnor No.1, has filed affidavit-inopposition and supplementary affidavit as well as written instructions today in course of hearing indicating the payments which the petitioner was entitled and that the same had already been paid and

nothing is due according to him though Mr.

Bhattacharyya, learned Advocate appearing for the petitioner is disputing such figure. It is a well settled principles of law that if any action is taken and order is passed in compliance of the order alleged to have been violated, no further cause of action for contempt lies and other appropriate remedy is available to the petitioner. Mr. Bhattacharya submits that since the writ petition is pending, he need not to initiate any fresh proceedings and he should be allowed to challenge and dispute the contention raised by the alleged contemnor No.1 in this application, in course of hearing of the main writ petition which is allowed. With this observation the contempt application being CPAN 637 of 2023 is disposed of by dropping the contempt proceeding.

Report filed by the alleged contemnor No.2 be kept with the record.

( Md. Nizamuddin, J. )