M/S Eastern Coal Fields Ltd v. Pabitra Barui And ORS

Dd 156 17.09.2024 ML FMA 120 of 2023 With IA NO: CAN/1/2022, With CAN/3/2023 M/S. EASTERN COAL FIELDS LIMITED VS SMT. PABITRA BARUI AND ORS.

Ms. Tanushree Dasgupta, Advocate ... ... For the Appellant Mr. Partha Ghosh, Mr. Amal Kumar Datta, Ms. Simran Sureka, Mr. Debashis Das, Advocates ... ... For the respondent/writ petitioner

1. Learned advocate appearing for the appellant submits that the appellant does not wish to proceed with the appeal. She points out that, appellant deposited the sum due to the private respondent with the Registrar General, High Court pursuant to the order dated September 16, 2022 passed in CPAN 764 of 2022 in WPA 16929 of 2021. She submits that, such sum may be withdrawn by the private respondent towards protanto satisfaction of the claim of the private respondent.

2. In view of the appellant not willing to proceed with the appeal, FMA 120 of 2023 along with the connected applications are dismissed as withdrawn without any order as to costs.

3. Parties before us invite the Court to pass necessary orders for release of the sum lying with the Registrar General, High Court deposited pursuant to the Signed By :

DEBABRATA DAS High Court of Calcutta 18 th of September 2024 05:39:19 PM

order dated September 16, 2022 passed in CPAN 764 of 2022 in WPA 16929 of 2021.

4. Court is informed that the contempt petition is still pending.

5. In such circumstances, since the contempt petition is pending, parties are at liberty to take appropriate steps before the Court in which the contempt petition is pending.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

DEBABRATA DAS High Court of Calcutta 18 th of September 2024 05:39:19 PM