Prime Cold Stores Pvt. Ltd. And Anr vs Vandana Yadav
2023 Latest Caselaw 3148 Cal/2

OD-13
                               ORDER SHEET
                                CC/27/2023
                     IN THE HIGH COURT AT CALCUTTA
                       Special Jurisdiction (Contempt)
                               ORIGINAL SIDE


                 PRIME COLD STORES PVT. LTD. AND ANR.
                               Versus
                           VANDANA YADAV


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 17th November, 2023.

Appearance:

Mr. Debrup Bhattacharjee, Adv.

Mr. Pradeep Kr. Tulsyan, Adv.

Mr. Vivek Basu, Adv.

...for the petitioners

Mr. Suddhavev Adak, Adv.

...for the alleged contemnor

The Court:- Learned counsel appearing for the petitioners seeks to

withdraw the present contempt petition on the ground that the contempt

should have been filed before the Division Bench since the Division Bench

affirmed the judgment passed by this Court on 21st September, 2022. Counsel

relies on Kunhayammed vs. State of Kerala (2000) 6 SCC 359 in support of his

submission.

Learned counsel appearing for the alleged contemnor submits that

the defects in the SLP have been removed but is not in a position to indicate

when the matter is likely to be taken up.

Considering the judgment in Kunhayammed, this Court is of the

view that the petitioners should be given liberty to withdraw the present

contempt proceedings.

CC/27/2023 along with all connected applications are hence

dismissed as withdrawn in terms of this order.

The petitioners are given liberty to take appropriate steps before the

Division Bench.

(MOUSHUMI BHATTACHARYA, J.)

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