Chapala Kora v. Ambika Prasad Panda And ORS

19. 04. 2024 BP Sl. 2 Court No. 23 In the High Court At Calcutta Special Civil Jurisdiction Appellate Side CPAN 925 of 2022 in WPA 3332 of 2022 Smt. Chapala Kora Vs.

Ambika Prasad Panda & Ors.

Mr. Partha Ghosh Mr. A.K. Datta Ms. Simran Sureka Mr. Debashis Das ..for the petitioner Ms. Priti Banerjee ..for the alleged contemnors Affidavit of compliance affirmed on behalf of the alleged contemnors on 29th February, 2024 was taken on record on 15th March, 2024.

A opportunity to take an exception to such report was also provided to the writ petitioner. No exception has been filed within 27th March, 2024 being the time provided to the petitioner.

On a perusal of the affidavit of compliance it appears that the order under contempt was challenged before the Division Bench by the principal respondent in the writ petition being Eastern Coal Fields Limited (in short ECL). The alleged contemnors are officials of ECL.

The challenge in the appeal failed. The order of the Appellate Court was challenged before the Hon'ble Supreme Court by filing a Special Leave Petition. The Special Leave Petition was disposed of without interfering with the order of the Hon'ble Division Bench. Pursuant to the same ECL has paid a sum of Rs. 27,45,755.42 on 15th December, 2023 to the petitioner.

On behalf of the alleged contemnors it is submitted that on paying such sum the order under contempt has been complied with.

The petitioner says that there are some computation error while arriving at the amount paid to the petitioner in terms of the order under contempt. Since no exception has been taken as yet, the contempt application is disposed of by recording compliance of the order of the contempt. The contempt proceeding is as such dropped. The disposal of the contempt application will, however, not stand in the way of the petitioner in filing the fresh proceedings if permissible in law alleging calculation error. (Arindam Mukherjee, J. )