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Calcutta High CourtWPA/13759/2023dismissed

Azma Khatun @ Azmira Bibi And ORS v. M/S Eastern Coal Fields Ltd And ORS

2023-09-12Hon'Ble Justice Raja Basu Chowdhury2 pages

23.08.2024 Item No.

AD 5 Saswata WPCRC 120 of 2024 Arising out of W.P.A. 5211 of 2022 Azma Khatun @ Azmira Bibi & Ors.

versus Samiran Dutta & Ors.

Mr. Partha Ghosh Mr. Amal Kumar Dutta Ms. Simran Sureka Mr. Debashis Das ...For the applicants/petitioners Mr. Priti Banerjee ...For the alleged contemnors WPCRC 120 of 2024 1.

In terms of the Rule issued on 26th July 2024, the contemnor nos. 3 to 6 are personally present in Court today.

2.

Insofar as the contemnor no. 1 is concerned, it is submitted that he has undergone a surgery and by reasons of his health complications and co-morbidities, he has been advised not to travel, as such dispensation of his personal appearance is sought for. Having regard to the above and taking note of the medical conditions of the contemnor no.1, his personal appearance is dispensed with. 3.

Insofar as the contemnor no .2 is concerned, it is submitted that she is busy with work and as such, she is unable to appear before this Court. This Court does not appreciate the same. No affidavit has been filed by contemnor no. 2, nor any application praying for dispensation of her personal appearance has been sought for.

4.

However, since, it is submitted on behalf of the contemnors that the order dated 12th September 2023 has been complied with, let affidavit of compliance to that effect along with appropriate explanation for the delay in compliance be filed when the matter is taken up next.

5.

On the returnable date, this Court will consider passing of appropriate order for the failure on the part of the contemnor no.2 to comply with the Rule.

6.

List this matter under the same heading on 30th August 2024.

(Raja Basu Chowdhury, J.)