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Calcutta High CourtCC/10/2022dismissed as infractuous

Prime Cold Stores Pvt Ltd And ANR v. Vandana Yadav

2022-02-14Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

ORDER SHEET CC 10 of 2022

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt) ORIGINAL SIDE PRIME COLD STORES PVT. LTD. & ANR.

VS.

VANDANA YADAV

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 14th February, 2022 Ms. Sutapa Sanyal, Mr. Debrup Bhattacharjee, Mr. P. K. Tulsyan, Mr. D. Talukder, Advocates for the petitioners.

Mr. T. M. Siddiqui, Advocate for alleged contemnor. The Court : Learned Counsel for the petitioners, in all fairness, submits that during pendency of the contempt application, the alleged contemnors have passed a final order on 10th February, 2022 in the matter. However, learned Counsel submits that such order was passed in a slipshod fashion which is not sufficient compliance of this Court's order. It appears from the submissions of Counsel that the alleged contemnors have already passed an order in terms of the order dated January 7, 2021 passed in WPO 448 of 2020.

In any event, it will be open to the petitioners to challenge the legality of such order in a fresh writ petition, since the passing of the order

furnishes a fresh cause of action. It is made clear that the merits of such order are not gone into by this Court.

However, in view of the above development, the instant contempt application has been rendered infructuous. Accordingly, CC 10 of 2022 is dismissed as infructuous, with liberty to the petitioners to challenge the order passed by the respondents on February 10, 2022 in a fresh writ petition, if the petitioners so intend.

(SABYASACHI BHATTACHARYYA, J.) pa