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Calcutta High Court (Appellete Side)

Smt. Aparna Basu vs Sri Somdeb Banerjee & Anr on 18 August, 2020

Author: Debangsu Basak

Bench: Debangsu Basak

                                        1


    02.
18.8.2020
   S.D.

                                      CPAN 326 of 2020
                                             With
                                      CAN 3730 of 2020
                                      CAN 3731 of 2020
                                              In
                                     W.P. 5352 (W) of 2020

                                      Smt. Aparna Basu
                                           versus
                                 Sri Somdeb Banerjee & Anr.
                                 (Via Video Conference)


                     Mr. Supratic Roy
                                            ....for the petitioner.

                     Mr. Amitesh Banerjee
                     Mr. Anindya Lahiri
                     Mr. Arka K. Nag
                     Mr. Debabrata Saha Roy
                     Mr. Debdeep Sinha
                     Mr. Deepnath Roy Chowdhury
                     Ms. Nandini Ghosh
                     Mr. Subhankar Das
                                          ...for the respondent.

The private respondent seeks recalling of an interim order. There is a contempt petition pending also for implementation of such order.

The private respondents contend that the interim order was obtained ex parte and by suppression of material facts. According to the 2 private respondent several facts were suppressed by the writ petitioner while obtaining the order.

The order spoken of directs that there should no hindrance to the petitioner receiving water supply. On a query from the Court, learned Advocate for the petitioner submits that, the police allowed the petitioner to obtain the water supply. Today, the petitioner is receiving water supply.

In such circumstances, it would be appropriate to permit the parties to file affidavits in all the pending applications including the writ petition so that a final order can be passed on the same.

Let affidavit‐in‐opposition be filed by the parties in the proceeding to the respective applications and the writ petition within two weeks from date. Reply thereto, if any, be filed within one week thereafter.

List the writ petition along with the vacating application and the contempt petition three weeks hence.

(Debangsu Basak, J.)