Ashok Deb Bandyapadhyay v. Abhortosh Majumder & ORS

1 17.7.2023 CPAN 1085 OF 2017 Sc Ct. no.22 in WPA 18237 OF 2016 -------------- Asok Deb Bandyapadhyay (Banerjee) Vs.

Abhortosh Majumder, State of West Bengal Government Pleader, High Court, Calcutta - 700001 & Ors.

Ms. Kanak Kiran Bandyopadhyay .....For the Petitioner Mr. Kanak Kiran Bandyopadhyay, learned advocate appeared for the petitioner today.

None appeared for the alleged contemnors.

Today, the contempt proceeding had appeared under the heading "To Be Mentioned" at the instance of the Court after detecting the mistake that, the contempt proceeding had already been dismissed for default by a coordinate Bench by its order dated September 27, 2018.

Subsequently, by mistake without noticing the existence of the said order dated September 27, 2018, several coordinate Benches along with this Court had passed orders on August 2, 2021, June 15, 2022, August 11, 2022, May 12, 2023 and June 16, 2023.

The note of the department dated February 15, 2023 appearing from record showed that, the department also by mistake did not take notice of the said order of dismissal dated September 27, 2018.

Since the orders subsequent to September 27, 2018 were passed due to mistake on the part of the department and the Court, all these orders viz. August 2, 2021, June 15, 2022, August 11, 2022, May 12, 2023 and June 16, 2023 stand recalled.

The contempt proceeding which was dismissed for default on September 27, 2018 stands dismissed for default as it is.

Office The registry and the computer section is directed to rectify the record of the proceeding accordingly, forthwith. (Aniruddha Roy, J.)