Mandip Kr. Agarwal v. Debapati Saha Chowdhury The Regional Manager Central Warehousing Corporation Cmc Building And ORS

AD-18 Ct No.16 08.11.2024 TN CPAN 894 of 2024 IA No: CAN 1 of 2024 in WPA 3966 of 2023 IA No: CAN 1 of 2023 CAN 2 of 2023 Mandip Kumar Agarwal Vs.

Shri Debapati Saha Chowdhury and others Mr. Srijib Chakraborty, Mr. Arindam Das, Ms. Priyanka Patra ....for the petitioner Mr. Samrat Chowdhury, Ms. Parna Dutta ....for the alleged contemnor Mr. Devajyoti Barman, Ms. Sanjukta Basu Mallick ....for the FCI

1. Learned counsel for the alleged contemnor no.1 files an affidavit of compliance which is kept on record.

2. Learned counsel for the petitioner submits that although the order of this court has been ultimately complied with, the delay in doing so was more than one year, for which the petitioner ought to be compensated by costs.

3. Such prayer is contested by learned counsel for the alleged contemnor no.1.

4. It transpires that despite no challenge having been preferred against the parent order, the alleged contemnor no.1 committed a delay of more than one year in making the payments in compliance with the order of this order.

5. Hence, although strictly speaking nothing remains in the contempt application, some compensation ought to be paid to the petitioner by way of costs by the alleged contemnor no.1 for the harassment and delay suffered by the petitioner.

6. Accordingly, CPAN 894 of 2024 is disposed of as infructuous by directing the alleged contemnor no.1 to pay costs of Rs.20,000/- to the petitioner within a fortnight from date.

7. CAN 1 of 2024, pending in connection with the contempt application, is accordingly disposed of as well.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)