Smt. Ambabati Mahali vs Ambika Prasad Panda & Ors
2022 Latest Caselaw 6683 Cal

16.09.2022             IN THE HIGH COURT AT CALCUTTA
  DL-12                   SPECIAL CIVIL JURISDICTION
   (PP)                      APPELLATE SIDE

                            CPAN 756 of 2022
                                  in
                            WPA 15187 of 2021

                         Smt. Ambabati Mahali
                                  Vs.
                       Ambika Prasad Panda & Ors.


                  Mr. Partha Ghosh,
                  Mr. Amal Kumar Datta,
                  Ms. Ria Paul,
                  Mr. Debashis Das,
                  Ms. Simran Sureka,
                  Mr. Rahul Agarwala
                                 ....for the applicant/petitioner.

                  Mr. Bijoy Kumar,
                  Ms. Dipa Roy
                       ....for the alleged contemnors/respondents.

Affidavit of service filed in Court is taken on

record.

This is a contempt application arising out of an

order dated 18th April, 2022 passed in WPA 15187 of

2021.

At the time when the contempt application was

filed there was no order of the Appeal Court in the

appeal preferred by ECL against the order dated 18th

April, 2022.

The appeal now has been dismissed by

modifying the order dated 18th April, 2022 to the

extent of allowing higher rate of interest than allowed

in the order dated 18th April, 2022.

In the aforesaid facts and circumstances, the

order which is executable and contempt can be filed

is the order of the Appellate Court dated 2nd

September, 2022 passed in MAT No.1006 of 2022

(M/s. Eastern Coalfield Limited vs. Smt. Ambabati

Mahali).

In view of the ratio laid down in the judgment

reported in (2012) 4 CLT 711 (M/s. Tetulia Coke

Plant (P) Ltd. & Ors. Vs. P. S. Bhattacharya), the

contempt application is, therefor, disposed of with

liberty to the petitioner to approach the appropriate

Court in the facts and circumstances, as stated

hereinabove.

(Arindam Mukherjee, J.)