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Calcutta High CourtFMA/1436/2025dismissed

Meena Devi And ORS v. Challa Sreenivasulu Setty And ANR

2026-01-05Hon'Ble Justice Madhuresh Prasad,Hon'Ble Justice Prasenjit Biswas2 pages

5th January, 2026 (D/L No.17) Ct. No.4 (SKB) F.M.A.1436 of 2025 With CAN 1 of 2025 Smt. Meena Devi and others

Versus

Challa Sreenivasulu Setty and another Mr. Bijoy Kumar ... for the appellants.

Mr. Subrata Kumar Sinha ... for the respondents/contemnors.

1. Heard learned advocate for the appellants.

2. The appeal is filed alleging that dues in terms of the orders passed in the writ proceeding arising out of WPA 14363 of 2024 has not been paid to the petitioners/appellants. There is, however, no dispute that dues under Provident Fund and Gratuity have been paid.

3. It is submitted by the learned advocate for the appellants that interest for delayed payment of Provident Fund and Gratuity and pension have not been paid. Such submissions are being advanced in an appeal filed against an order disposing of the contempt application. The issue, therefore, arises regarding maintainability of the present appeal.

4. The learned advocate for the appellants, thus, submits that all issued to be kept open for them

to approach before the writ court in the proceeding arising out of W.P.A.14363 of 2024.

5. We, therefore, find no reason to make any observation, since it is needless to say that when the writ proceeding is pending; all issued are open for consideration by the writ court.

6. The appeal is, thus, dismissed.

7. Accordingly, the application being CAN 1 of 2025 is dismissed.

(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)