Sankha Banerjee v. Suranjan Das

01.03.2024 Ct. No. 15 adeb CPAN 1258 of 2012 In WPA 11035 of 2011 Sankha Banerjee Vs.

Dr. Suranjan Das & Ors.

Mr. Suranjan Das Mr. Somnath Chakraborty ...for the Applicant Mr. Nilotpal Chatterjee Mr. Satyaki Banerjee ...for the alleged contemnor Nos. 4 & 5 Pursuant to the order dated 19th January, 2024 the learned advocate representing the alleged contemnor no. 5 has submitted some documents containing the calculation made by the University in order to make payment to the applicant since he was permitted to resume duty pursuant to the order passed by the coordinate Bench on 15th November, 2011. The documents submitted on behalf of the alleged contemnor no. 5 today, are taken on record. From the said calculation it appears that a sum of Rs. 49327/- was found to be payable to the applicant and due to loan which was taken by the applicant, Rs. 40,000/- was adjusted out of the amount payable and for subscription to Provident Fund and Professional Tax Rs. 2532/- and Rs. 200/- were also adjusted respectively. Therefore, upon adjusting Rs. 42,732/-, Rs. 6595/- has been found to be payable to the petitioner and the cheque

has been produced before this Court on behalf of the alleged contemnor no. 5 for making payment of Rs. 6595/-. The learned advocate representing the applicant disputes quantification of the amount which is payable to the petitioner. However, the learned advocate for the applicant has accepted the cheque of Rs. 6595/- on behalf of the applicant without prejudice to the rights and contentions of the applicant.

In view of the steps taken by the alleged contemnor no. 5 in terms of the order dated 15th November, 2011, the contempt application stands disposed of and the contempt proceeding stands dropped.

However, this order shall not preclude the applicant to take steps in accordance with law to question the quantification of the amount which was found by the University Authority to be payable to the applicant, if so advised.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)