Unknown vs Chunilal Nanda And Others
2025 Latest Caselaw 616 Tri

Tripura High Court

Unknown vs Chunilal Nanda And Others on 5 March, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                      Page 1 of 2




                         HIGH COURT OF TRIPURA
                                AGARTALA
                         Cont.App.(C) No. 4 of 2024

 For Appellant(s)            :       Mr. M. Debbarma, Addl. G.A.

 For Respondent(s)           :       Mr. S. Lodh, Advocate.

Mr. S. Majumder, Advocate.

Mr. K. Roy, Advocate.

HON'BLE MR. JUSTICE T. AMARNATH GOUD HON'BLE MR. JUSTICE BISWAJIT PALIT

05.03.2025

Order

When the case is called both parties are present before this

Court.

[2] Mr. M. Debbarma, learned Addl. G.A. appearing for the appellant

submits before this Court that the appeal is filed under Section 19 of the

Contempt of Courts Act, 1971 and pleaded that the order passed by the

learned Single Judge in Cont. Cas(C) No. 12 of 2024 dated 02.08.2024 is

violative of the Contempt of Courts Act and further the contents of the order

providing adhoc promotion and giving ACP to the writ petitioner was not at all

a guiding factor in the writ order and hence, the learned Single Judge

elaborating the same in contempt case is unwarranted and the same is

erroneous and prayed to interfere with the same .

[3] Mr. S. Lodh, learned counsel appearing for the respondent made

a preliminary objection that the said appeal is not maintainable under Section

19(3) and placed reliance on Hon'ble Apex Court Judgment in Midnapore

Peoples' Coop. Bank Ltd And Others Vs. Chunilal Nanda And Others

reported in (2006) 5 SCC 399 and contended before this Court that the

present appeal needs to be dismissed on the point of maintainability and

when this Court asks to advance his argument on merits he sought for an

accommodation and prayed for an adjournment since he is not prepared on

the point of the merit of the case.

           [4]                 Request considered.


           [5]                 Mr. M. Debbarma, learned Addl. G.A. further submits before

this Court since the respondent herein has already filed contempt, the

petitioner herein urges for protection.

[6] On the other hand, Mr. Lodh, learned counsel assures this Court

that the respondent side would not proceed with the contempt case before the

learned single judge and would not seek any adverse order before 11.03.2025.

List this matter on 11.03.2025 as part heard.

               B. PALIT, J                                         T. AMARNATH GOUD, J




Paritosh

SABYASAC Digitally signed by
         SABYASACHI GHOSH

HI GHOSH Date: 2025.03.07
         14:23:52 +05'30'