State Bank Of India Repd By Asst Gen Manager v. Bikash Majhi, Director Of Dry Bricks Construction Pvt. Ltd.

04.01.2024 Sl. No. 03.

D/L.

Mithun Ct.No.41.

CPAN 1232 of 2023 State Bank of India, Repd. by Asst. Gen. Manager Vs.

Bikash Majhi, Director of Dry Bricks Construction Pvt. Ltd.

in WPA 12879 of 2023 Dry Bricks Construction Private Limited Vs.

The State of West Bengal & Ors.

Mr. Rohit Banerjee, Mr. Probal Halder ...for the contemnor.

Mr. Shiv Mangal Singh ...for the Bank.

Mr. Shiv Mangal Singh, learned advocate appearing for the petitioner.

Mr. Rohit Banerjee, learned advocate appearing for the alleged contemnor.

The petitioner has filed the present application on the allegation that the alleged contemnor have violated the order passed by this Court dated 29th May, 2023 wherein this Court was directed the petitioner to remove the articles within three weeks from the date of order, and if required, the alleged contemnor is at liberty to take police assistance.

Today when the matter is taken up for hearing, the learned Counsel appearing for the alleged contemnor submits that the contemnor have already removed all the materials from the premises in question and have complied with the order passed by this Court.

The learned Counsel for the petitioner submits that in terms of the order passed by the Debts Recovery Tribunal-III, Kolkata, the receiver appointed by the learned Tribunal has handed over the physical possession of the immovable property to the successful purchaser through the auction purchase. Considering the submissions made by the learned Counsel for the petitioner, this Court finds that as the alleged contemnor removed all the materials from the property in question in compliance of the order passed by this Court dated 29th May, 2023, nothing remains in the contempt application.

Accordingly, CPAN 1232 of 2023 in WPA No. 12879 of 2023 is disposed of.

(Krishna Rao, J.)