Mira Banerjee And ORS v. The District Magistrate, North 24 Parganas And ORS

jdt.

24.02.2022 jb.

CPAN 925 of 2021 in W.P.A. 10225 of 2020 Re: CPAN 925 of 2021 (Mira Banerjee & Ors. vs. Manas Chakraborty) Mr. Somnath Mukherjee .... For the Petitioners The petitioners have filed the instant contempt application alleging violation of the order dated April 7, 2021 passed in W.P.A. 10225 of 2020.

As prayed for by the learned advocate for the petitioners, leave is granted to the petitioner to file supplementary affidavit, which is taken on record.

It appears from the supplementary affidavit that the West Bengal Medical Council took a decision as would appear from the order dated September 9, 2021.

Learned advocate for the petitioners submits that the order dated September 9, 2021 is devoid of any reasons whatsoever. It has been further argued by the learned advocate appearing for the petitioners that the said order has been passed beyond the time limit prescribed in the order dated April 7, 2021 and such act also amounts to an act of contempt.

Since the Council has taken a decision pursuant to the said order, this Court is of the considered view that the order passed by this Court has been substantially complied with and as such the alleged contemnor cannot be held guilty for committing contempt of Court.

This Court cannot decide the validity of the order dated September 9, 2021 on an application for contempt and as such it would be open to the petitioner to raise all objections to the said order in an appropriate proceeding in accordance with law. Contempt application being CPAN 925 of 2021 is thus disposed of without however, any order as to costs. Urgent certified xerox copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Hiranmay Bhatttacharyya, J.)