Ravi Prakash vs Satish K Kashyap
2023 Latest Caselaw 710 Cal

M/L. 63 & 64.

January 24, 2023.

MNS.

CPAN 931 of 2022 in WPA No. 8620 of 2021

Ravi Prakash Vs.

Satish K Kashyap, the General Manager, Chittaranjan Locomotive Works and others

Mr. Ujjal Ray, Mr. Arpa Chakraborty

... for the writ petitioner.

Mr. Kushi Prasun Chatterjee

...for the alleged contemnors.

Learned counsel for the petitioner rightly

contends that there is a strong prima facie case

of contempt by the alleged contemnors of the

order dated January 25, 2022 passed in WPA No.

8620 of 2021 inasmuch as the entire amount

payable by virtue of the said order still remains

unpaid by the alleged contemnors.

Learned counsel for the petitioner in the

contempt application, in his usual fairness, points

out that an appeal has been preferred in the

meantime by the alleged contemnors against the

said order dated January 25, 2022, being FMA

651 of 2022.

However, by placing reliance on the order

dated August 8, 2022 passed in the said appeal

by the Division Bench, which is also annexed to

the contempt application, it is contended that the

Division Bench specifically refused interim prayer

at the initial stage of the appeal by observing that

the said court did not find that the judgment and

order dated January 25, 2022 deserves to be

stayed.

In view of such specific refusal of stay, the

order in contempt remains operative as on today.

Hence, the petitioner has made out a

strong prima facie case of contempt.

Accordingly, the petitioner shall serve

copies of the contempt application on the alleged

contemnors and file an affidavit-of-service to that

effect on the next returnable date of hearing. It

will be indicated by the petitioner in the covering

letter that the matter shall next be listed for

hearing in the monthly combined list of cases for

the month of March, 2023.

Affidavit(s)-in-opposition, if any, shall be

filed by the alleged contemnors by February 14,

2023. Reply/replies thereto, if any, shall be filed

by February 28, 2023.

(Sabyasachi Bhattacharyya, J.)