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Mr. Arunangshu Chakraborty vs The High Court At Calcutta Adjucator At ...
2024 Latest Caselaw 4648 Cal

Citation : 2024 Latest Caselaw 4648 Cal
Judgement Date : 11 September, 2024

Calcutta High Court (Appellete Side)

Mr. Arunangshu Chakraborty vs The High Court At Calcutta Adjucator At ... on 11 September, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

                     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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