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Calcutta High CourtCPAN/941/2024disposed

Dr Tanuka Das v. Sanjoy Mallik Vice Chancellor Chairman Exe Committee Visva Bharati And ORS

2024-08-16Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

CPAN 941 of 2024 Item-93.

In MAT 1679 of 2022 16-08-2024 CAN 3 of 2024 sg Ct. 29 Dr. (Mrs.) Tanuka Das

Versus

Sanjoy Mallik, Vice-Chancellor & Ors.

Mr. Pradip Kumar Roy Mr. Tirthajit Roy ...for the petitioner Mr. Victor Chatterjee Mr. Barnamoy Basak ...for the alleged contemnors

1. The application for contempt and the application for extension of time to deposit the amount are taken up together for hearing.

2. On 19th September, 2023, we admitted the appeal of VisvaBharati and granted unconditional stay for two weeks from that date with further direction that in the event the entire amount, required to be deposited in terms of the judgment and order dated 12th September, 2022, is made within a period of two weeks, the impugned order shall remain stayed till the disposal of the appeal.

3. However, the fact remains that the University did not deposit the said amount within the aforesaid period and file an application for extension of time to deposit the said amount on 4th July, 2024 after the University was served with a notice of contempt.

4. In view of the fact that the deposit was not made within a period of two weeks, the contempt application was filed. However, the consequence of not depositing the said amount

would be the revival of the order of the learned Single Judge. The contempt proceeding is pending before the learned Single Judge.

5. In view of the fact that we admitted the appeal and we feel that an opportunity should be given to the University to be heard on merits and the explanation offered from paragraph 6 onwards in the application of extension, we extend the time to deposit the said amount.

6. In fact, the entire amount was deposited with the learned Registrar General on 8th August, 2024.

7. We record such compliance.

8. CPAN 941 of 2024 and CAN 3 of 2024 are accordingly, disposed of.

(Soumen Sen, J.) (Uday Kumar, J.)