Citation : 2024 Latest Caselaw 4648 Cal
Judgement Date : 11 September, 2024
11.09.2024
Item No.6
Daily List
Ct. No.26
CHC
MAT 962 of 2024
IA NO: CAN/1/2024
(Specially Assigned)
Mr. Arunangshu Chakraborty
Vs.
The High Court at Calcutta Adjucator at Calcutta
& anr.
Mr. Arunangshu Chakraborty
...Petitioner-in-person
Mr. Piush Chaturvedi, Advocate
Mr. Tarun Kumar Das, Advocate
...for the writ petitioner
Mr. Soumya Majumder, Advocate
Mr. Pratik Majumder, Advocate
Mr. Kinnor Ghosh, Advocate
...for the University
1.
MAT/962/2024 is specially assigned to
this Bench.
2. Mat/962/2024 is at the behest of the
appellant who appears in-person. It is directed
against the order dated May 10, 2024 passed in
WPCRC 206 of 2023 in WPA 22027 of 2022. By the
impugned order, learned Single Judge found the
contemnor to be unauthorizedly recording the
proceedings of the case. Learned Single Judge also
found the conduct of the appellant disrespectful
towards the Court. Learned Single Judge found the
conduct of the appellant to be commission of
contempt on the face of the Court. Therefore, in
Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 11 th of September 2024 05:45:25 PM
addition to the issuance of the suo motu criminal
Rule, learned Single Judge invoked Section 14 of the
Contempt of Courts Act, 1971. The matter was
directed by the learned Single Judge to appear on
May 17, 2024.
3. IA No: CAN/1/2024 is an application at
the behest of the appellant seeking stay of the
initiation of suo motu contempt proceeding till the
disposal of the present appeal on merit.
4. Appellant contends that, he is not
required to supply or furnish copies of any pleadings
used in the appeal in view of the settled law.
5. We considered this contention of the
appellant in our judgment and order dated August
21, 2024 against which a Special Leave Petition is
pending. Parties are bound by our judgment and
order at present.
6. Appellant submits that, WPCRC 206 of
2023 is to appear before the learned Single Judge on
September 13, 2024.
7. Writ petitioner in WPA 22027 of 2022 is
represented. Learned Advocate for the writ petitioner
submits that, his client received copy of the interim
application without the copy of the Memorandum of
the Appeal. He contends that, he is a necessary and
proper party in the present appeal and is required to
be heard.
Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 11 th of September 2024 05:45:25 PM
8. Learned advocate appearing for the
University submits that, in the contempt proceedings,
being WPCRC 206 of 2023, Vice Chancellor of the
University and the Registrar of the University were
parties of the alleged contemnor in the contempt
proceeding. He submits that, cause papers in the
present appeal were not supplied to him.
9. Since, the appellant seeks to prefer an
appeal from the order dated May 10, 2024, where, the
learned Single Judge invoked Section 14 of the
Contempt of Courts Act, 1971 in a proceeding
initiated under the Contempt of Courts Act, 1971
being WPCRC 206 of 2023 and since the Vice
Chancellor and the Registrar of the University were
alleged contemnors in such proceeding, it would be
appropriate to direct the appellant to serve copies of
the cause papers of the present appeal upon such
parties.
10. In view of the fact that, any order passed
in such proceedings is likely to prejudice the
appellant in the pending appeal, it would be
appropriate to grant stay of the WPCRC 206 of 2023
till December 31, 2024 or until further orders
whichever is earlier.
11. Appellant will prepare informal paper
book incorporating all papers used before learned
Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 11 th of September 2024 05:45:25 PM
Single Judge. Such paper books be prepared within
two weeks from date.
12. Department will ensure issuance of
certified copy of the impugned order dated May 10,
2024 to the appellant as expeditiously as possible.
13. List the appeal in the Combined
Monthly List of October 2024.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 11 th of September 2024 05:45:25 PM
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