Rubi Devi Routh v. State Of West Bengal And ORS.
27.02.2026 Court No.39 DL/Item No.-2 [Milan, A.R. (Ct.)] CPAN 1677 of 2025 With CAN 1 of 2026 CAN 2 of 2026 Rubi Devi Routh versus Sukumar Sutradhar In WPA 18138 of 2024 Ms. Juin Dutta Chakraborty, Mr. Bidan Modak, Ms. Arpita Kundu ....for the Applicant/Petitioner Mr. Nilotpal Chatterjee, Mr. Amritalal Chatterjee ....for the Alleged Contemnor In Re: CPAN 1677 of 2025 Affidavit of service filed in Court today is taken on record.
In Re: CAN 2 of 2026 The alleged contemnor is represented.
It is submitted on behalf of the alleged contemnor that the principal respondents, in WPA 18138 of 2024 wherein the order dated 05.10.2024 was passed which is the order under contempt, have filed an application
for recalling the said order along with application for condonation of delay.
Although, an application for recalling of an order is governed by the provisions of Article of 137 of the Limitation Act, 1963, the applicant has filed an application, inter alia, under Section 5 of the Limitation Act, 1963 for condoning the delay in making the recalling application.
The order, which is sought to be recalled, is dated 05.10.2024 and, as such, three years time period as prescribed under Article 137 of the Limitation Act, 1963 has not expired as yet.
The application for condonation of delay is, therefor, disposed of without any further order by permitting the recalling application to be taken up on merits.
Accordingly, the application for condonation of delay being CAN 2 of 2026 is disposed of.
In Re: CAN 1 of 2026 The writ petitioner, who is also the applicant/petitioner in the contempt application, says that the application for recalling the order dated 05.10.2024 is unmeritorious and, as such, the order should not be recalled.
The order has been passed by assigning due and proper reasons and, as such, there is no requirement to
revisit the same for the purpose of recalling the said order dated 05.10.2024.
The petitioner seeks leave to file an affidavit to deal with the recalling application on merits. Let affidavit-in-opposition be filed by 17th March, 2026. Reply, if any, thereto be filed by 31st March, 2026.
Let the matter appear on 10th April, 2026.
(Arindam Mukherjee, J.)