The petitioner sought termination of contempt proceedings against two alleged contemnors who died during the pendency of the petition. With the consent of the deceased's advocate, the Court disposed of the matter and discharged the rule.
Contempt application disposed of; rule discharged.
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OD 1
ORDER SHEET
CC/7/2001
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE
MAHESH TULSHAN VERSUS
RAJENDRA KUMAR BANKA
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 30th June, 2021.
(Via Video Conference)
Appearance: Mr. Sabyasachi Sen, Adv. …for the petitioner
Mr. Nirmalya Dasgupta, Adv. Mr. Dibanath Dey, Adv. …for the alleged contemnor
The Court: The petitioner is represented. It is submitted on behalf of the petitioner that there are two alleged contemnors. Both of them have died during the pendency of the contempt petition and as such, the contempt proceedings does not survive as against the alleged contemnors since deceased being the only alleged contemnors in the contempt proceedings. It is also submitted on behalf of the petitioner that the petitioner is not interested to proceed any further with the contempt petition. The Advocate who had the instruction to appear on behalf of the deceased alleged contemnors is also present. He admits the death of the
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alleged contemnors. He also has no objection if the contempt proceeding is dropped.
In the facts and circumstances as aforesaid, the contempt application is disposed of without any further order.
Rule, if any, stands discharged.
(ARINDAM MUKHERJEE, J.)
B.Pal
1 issue framed by the court
Whether contempt proceedings survive against alleged contemnors who died during the pendency of the petition.
Mahesh Tulshan
Rajendra Kumar Banka
Arindam Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
