Asit Kumar Koley And ORS (Gobinda Chandra Koley Since Deceased) v. Anirban Som Majumdar & ORS.

21.09.2023 Item No.19 Court No.6.

S. De C.P.A.N. 1191 of 2007 With I.A. No. CAN/4/2023 Gobinda Chandra Keley.

Vs Anirban Som Majumdar & Ors.

Mr. Sandip Ghosh, Mr. Partha Sarkar, ...for the applicant/writ petitioner.

In re : I.A. No. CAN/4/2023 This is an application for recording the death of the petitioner i.e. Gobinda Chandra Koley and for substitution of his legal heirs as the petitioners after setting aside the abatement.

Learned advocate for the applicant says that after this application was filed, the order violation of which is alleged in this contempt application, has been complied with. Hence, the contempt application may be disposed of after bringing on record the legal heirs of the original petitioner.

We find the submission to be reasonable. This application being CAN 4 of 2023 is allowed. The abatement is set aside as we are satisfied with the explanation furnished for the delay in making this application.

Let the department delete the name of the original petitioner and bring on record the names of

his legal heirs as indicated in the application. Let the amendment be carried out within a fortnight from date (October 5, 2023). Other necessary formalities also be carried out.

I.A. No. CAN 4 of 2023 is disposed of.

In Re : CPAN 1191 of 2007 It is submitted that the order in question has been complied with. Accordingly, the contempt application being CPAN 1191 of 2007 stands disposed of.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance with all the necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)