Arati Agarwal v. Vinod Kumar And ORS

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt) ORIGINAL SIDE CC/76/2022 WITH WPO/1830/2022 ARATI AGARWAL VS VINOD KUMAR AND ORS

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 19th May, 2023.

Appearance :

Mr. Rupak Ghosh, Adv.

Mr. Ayan Baral, Adv.

Mr. Ayan Dutta, Adv.

Mr. Abhijit Sarkar, Adv.

Mr. Abhik Chitta Kundu, Adv.

...for the Petitioner Mr. Siddhartha Banerjee, Adv.

Mr. Sudipta Nayan Ghosh, Adv.

Mr. Soumyajit Majumder, Adv.

...for the Alleged Contemnor Nos. 5 -10 The Court: It is categorically submitted by Mr. Banerjee, learned Advocate for the alleged contemnor Nos.5 to 10, that all the occupants have vacated the premises. The alleged contemnor Nos.5 to 10 do not claim any ownership of the articles remaining in the premises. The Corporation shall treat the said premises as vacated. In compliance of the order of this Court, the Corporation will start the demolition process and take all other steps as earlier directed by this Court.

Mr. Ghosh, learned Advocate for the applicant, specifically undertakes that the shifting charges to the heirs of the deceased

contemnor No.6, shall be borne by the applicant in the same manner as had been done in case of other occupants. The payment shall be made by the applicant within 48 hours after the said heirs collectively approach the applicant.

The Corporation had undertaken that the order of this Court had been sought to implemented by the Corporation, but further steps could not be taken only because the Contemnor No.6 had not vacated the premises. The agony of the Corporation is now put to rest, as the premises are vacant now. The Corporation shall proceed in accordance with law and may seek assistance of the local police, if required. The contempt Application is disposed of. Proceedings are dropped. All parties are to act on a xerox signed copy of this order on the usual undertaking.

(SHAMPA SARKAR, J.) S.De