Upen Mandi vs 23.09.22 Shri A.N. Mahapatra & Ors
2022 Latest Caselaw 6902 Cal

                             CPAN 1172 of 2016
                                  Upen Mandi
                                      v.
23.09.22

Shri A.N. Mahapatra & Ors.

SL-07                                 in
Ct.32                        WPA 18296 of 2011
(S.R.)

           Mr. K.B.S. Mahapatra
           Mr. Kasinath Bhattacharyya             ... for the petitioner.

           Mr. Partha Ghosh
           Ms. Sabita Ray
                                        ... for the alleged contemnors.

Mr. Mahapatra, learned advocate appearing for the

petitioner prays for leave to implead the new incumbents,

who have already joined the posts of the alleged

contemnors. Such prayer is considered and allowed.

The learned advocate on record of the petitioner

would be at liberty to incorporate the names of the new

incumbents in the cause title of the contempt application.

Ms. Ray, learned advocate appearing for the alleged

contemnors submits that an appeal has been preferred

against the judgment delivered by this Court on 13th

March, 2015 and paper books have already been filed in

the same.

Mr. Mahapatra, however, submits that no order of

stay has been passed in the pending appeal but still the

contemnors are not complying with the judgment

delivered by this Court.

Records reveal that once an adjournment was

granted by this Court on 23rd March, 2017 since it was

submitted on behalf of the alleged contemnors that an

appeal has been preferred. Till date no interim order has

been passed in the said appeal.

It is well-settled that mere pendency of an appeal

cannot be enough to impede the contempt proceedings.

Prima facie, it appears that the alleged contemnors

are reluctant to comply with the judgment delivered by

this Court though in the meantime five years have

elapsed.

List the matter for further consideration on 4th

November, 2022.

The petitioner is directed to serve copies of the

contempt application and to intimate this order to the

new incumbents and to file an affidavit of service on the

returnable date.

(Tapabrata Chakraborty, J.)