Calcutta Landing And Shipping Co Ltd v. Ms Bandana Pokhriyal And ORS
CPAN 910 of 2025 in WPA 26692 of 2023 With CAN 2 of 2025 Calcutta Landing and Shipping Company Limited Vs.
Ms. Bandana Pokhriyal & Ors.
Mr. D. S. Roy, Mr. Pingal Bhattacharyya ...for the Applicant Mr. Sandipan Banerjee, Mr. Ankit Sureka ...for HMC Mr. Debjit Mukherjee ...for Kumar Omprakash in WPA 15643 of 2024 24-10-2025 AKG Ct. 15 CPAN 910 of 2025 has been filed alleging violation of an order dated October 8, 2024, passed by this Court. The learned advocate appearing for the petitioner submits that although the Appeal Court, in MAT 2189 of 2024 and FMA 25 of 2025, declined to interfere with the order of this Court, the said order has not been complied with. The learned advocate appearing for the Corporation, by filing CAN 2 of 2025, on the other hand, submits that the Corporation is unable to accept the sanctioned fees through the online mode. Accordingly, a clarification has been sought from this Court to enable the Corporation to accept the sanctioned fees, in terms of the order dated October 8, 2024, through the offline mode.
Mr. Debjit Mukherjee, learned advocate appearing for Kumar Omprakash, the petitioner in WPA 15643 of 2024,
opposes the prayer of the Corporation. He submits that Kumar Omprakash has not been impleaded as a party in this contempt application. He further submits that the application taken out by the Corporation does not clearly indicate the nature of relief sought. It is also submitted that the Corporation had not previously sought permission, either at the time of hearing of the writ petition or before the Division Bench, with regard to acceptance of fees for renewal of the sanctioned plan through offline mode.
It is further contended that the said application has been filed belatedly.
I find no reason to accept the contentions advanced by Mr. Mukherjee. A contempt proceeding is strictly a matter between the Court and the alleged contemnor. The alleged violation of the order dated October 8, 2024, has been brought to the notice of this Court by the petitioner. The Corporation, in its defence, has explained its difficulty in accepting fees for renewal of the sanctioned plan through the online mode. Omprakash cannot have any say regarding the mode or manner of implementation of the order dated October 8, 2024.
There should not be any difficulty in accepting the prayer of the Corporation to direct the petitioner to deposit the fees for renewal of the sanctioned plan through offline mode in terms of the order of this Court dated October 8,
2024.
Accordingly, CPAN 910 of 2025, along with CAN 2 of 2025, is disposed of, granting liberty to the Corporation to accept the fees for renewal of the sanctioned plan through the offline mode following the order dated October 8, 2024. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Kausik Chanda, J.)