Baratang Forest Worker'S Union And ANR. v. Tarun Coomer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CPAN/9/2020 Baratang Forest Worker's Union and another ... Petitioners Vs.

Tarun Coomer ... Respondent/ Contemnor Mr. Gopala Binnu Kumar ... for the petitioners Mr. Shatardu Chakraborty Mr. Ramendu Agarwal ... for the respondent/ contemnor July 26, 2022 [SR] Item No.4 At the outset, learned counsel appearing for the alleged contemnor argues, by placing reliance on Khoday Distilleries Limited and others vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Limited, Kollegal reported in (2019) 4 SCC 376 in support of the proposition that where an appeal or revision is provided against an order passed by a court, tribunal or any other authority before superior forum and such superior forum modifies, reverses or affirms the decision put in issue before it, the decision by the subordinate forum emerges in the decision by the superior forum and it is the latter which subsists, remains operative and is capable of enforcement in the eye of the law. Upon considering such dictum as specifically laid down by the Supreme Court, it is evident that since the order under contempt was affirmed by a Division Bench by this Court, a

contempt application, if any, lies before the appropriate Division Bench. Hence, CPAN/9/2020 is disposed of by granting liberty to the petitioners to file an application for contempt before the appropriate Division Bench.

It is made clear that the merits of the averments and counter-averments of the parties in respect of the contempt application have not been gone into by this Court. No order as to costs.

Urgent Photostat certified copy of this order be supplied to the respective parties upon compliance of usual formalities. ( Sabyasachi Bhattacharyya, J. )