Sadhan Kumar Chatterjee vs Kaushik Mohari
2025 Latest Caselaw 1202 Cal/2

Calcutta High Court

Sadhan Kumar Chatterjee vs Kaushik Mohari on 13 February, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD-2
                                   CC/10/2025

                      IN THE HIGH COURT AT CALCUTTA
                    SPECIAL JURISDICTION (CONTEMPT)
                             ORIGINAL SIDE

                                       SADHAN KUMAR CHATTERJEE

                                         -Versus-

                                       KAUSHIK MOHARI

BEFORE :
THE HON'BLE JUSTICE ARIJIT BANERJEE
             And
THE HON'BLE JUSTICE APURBA SINHA RAY
Date : 13th February, 2025
                                                                       Appearance:
                                                          Mr. Kashinath De, Adv.
                                                      Mr. Sandip Kumar De, Adv.
                                                          Mr. Abhijit Sarkar, Adv.
                                                               ...for the petitioner.

                                                     Mr. Alak Kumar Ghosh, Adv.
                                                    Mr. Gopal Chandra Das, Adv.
                                                                  ...for the KMC.


         The Court: This contempt application has been taken out alleging

wilful violation of the judgment and order dated January 18, 2024 whereby

APOT/3/2024 (Sadhan Kumar Chatterjee Vs. The Kolkata Municipal

Corporation & Ors.) was disposed of by this Bench. The operative portion of

the said order reads as follows:

                   "Accordingly, we direct the respondent no.6 to dispose of

the aforesaid representation of the appellant dated November 22, 2023, in accordance with law and the applicable Rules and Regulations, by a reasoned order within a period of eight weeks from the date of communication of this order along with the copy of the aforesaid representation to him by the appellant, after giving opportunity of hearing to all concerned parties including the

appellant and the private respondents. The order so passed shall be communicated to the parties within a week from the date of the order.

If the respondent no.6 comes to a finding that action needs to be taken, then it shall take necessary action in accordance with law."

Learned Advocate for the petitioner says that though hearing was

given on certain occasions, no final order has been passed by the alleged

contemnor.

Let a copy of this contempt petition be served on the alleged

contemnor and also be made available to Mr. Ghosh, learned senior Counsel

representing the alleged contemnor. Let affidavit of service be filed in Court

on the next date.

List this matter after four weeks (March 13, 2025).

We clarify that pendency of this application shall not stand in the

way of the alleged contemnor complying with the order, violation of which is

alleged in this contempt application. If the order stands complied with before

the next date, compliance report should be filed in Court.

(ARIJIT BANERJEE, J.)

(APURBA SINHA RAY, J.)

As.