Hitlar Pal v. Abdul Hai & ORS

12.04 C.P.A.N. 1372 of 2011 In W.P.A. 4715 of 2001 Hitlar Pal -VersusAbdul Hai & Ors.

Ct.

No.

akb Mr. Sanjoy Ghosh ...For the Applicant/Petitioner This is an application for contempt filed in the year 2011 against an order passed on June 20, 2005. After fling the contempt application in the year 2011, the matter was never moved by the petitioner. In fact, when the matter came up before a coordinate Bench, none has appeared on behalf of the petitioner and the contempt application was dismissed for default on August 30, 2013. Thereafter, an application, being CAN 9131 of 2013 was filed for recalling the order of dismissal. The said application was allowed in the year 2019 by an order dated November 15, 2019. Subsequent to the same, the contempt application has never been moved and when the matter was called on January 24, 2020, none has appeared on behalf of the petitioner. The entire approach of the petitioner is clearly a callous approach and lacking any seriousness whatsoever. Furthermore, it is clear from the contempt petition that there is no explanation for the six years' delay in filing the said contempt application.

In the light of the same, I am of the view that this contempt application is liable to be dismissed. Accordingly, the contempt application, being C.P.A.N. 1372 of 2011 is dismissed.

The petitioner is at liberty to pursue his other

grievances before the appropriate forum in accordance with law.

Urgent photostat copy of the order, if applied for, be supplied to the parties on priority basis on compliance of all necessary formalities.

( Shekhar B. Saraf, J.)