Lakshmi Kanta Jash v. Mrityunjoy Ghosh And ANR

07, 23.02.2024 mb C.P.A.N. 986 of 2022 in W.P.A. No. 6218 of 2022 Lakshmi Kanta Jash Vs.

Mrityunjoy Ghosh & Anr.

Mr. Sudipta DEasgupta, Mr. Arka Nandi, Ms. Sagarika Goswami ... for the petitioner Mr. Suddhadev Adak, Ms. Richa Pramanik ...for the alleged contemnors

1. Learned counsel for the petitioner, in his usual fairness, submits that since, upon a perusal of the affidavit of compliance and upon taking instructions, he is of the opinion that the parent order of this Court has been complied with, there is no need to proceed further with the contempt application. However, since the petitioner may be aggrieved with the outcome of the consideration by the alleged contemnor, leave be granted to the petitioner to challenge the same, if necessary.

2. Such leave is not required in law, since the scope of a contempt application is only to consider whether the order passed by court has been violated wilfully. In the event the petitioner wants to challenge the outcome of the consideration by the

alleged contemnors, the petitioner is definitely at liberty always to do so.

3. However, since no contempt subsists, C.P.A.N. 986 of 2022 is disposed of in the light of the above observations.

4. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)