Prime Cold Stores Pvt Ltd And ANR v. Vandana Yadav

OD-13 ORDER SHEET CC/27/2023

IN THE HIGH COURT AT CALCUTTA

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

Versus

VANDANA YADAV

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 17th November, 2023.

Appearance:

Mr. Debrup Bhattacharjee, Adv.

Mr. Pradeep Kr. Tulsyan, Adv.

Mr. Vivek Basu, Adv.

...for the petitioners Mr. Suddhavev Adak, Adv.

...for the alleged contemnor The Court:- Learned counsel appearing for the petitioners seeks to withdraw the present contempt petition on the ground that the contempt should have been filed before the Division Bench since the Division Bench affirmed the judgment passed by this Court on 21st September, 2022. Counsel relies on Kunhayammed vs. State of Kerala (2000) 6 SCC 359 in support of his submission.

Learned counsel appearing for the alleged contemnor submits that the defects in the SLP have been removed but is not in a position to indicate when the matter is likely to be taken up.

Considering the judgment in Kunhayammed, this Court is of the view that the petitioners should be given liberty to withdraw the present contempt proceedings.

CC/27/2023 along with all connected applications are hence dismissed as withdrawn in terms of this order. The petitioners are given liberty to take appropriate steps before the Division Bench.

(MOUSHUMI BHATTACHARYA, J.) kc