TUTAN DEBNATH Vs. ABHISHEK SINGHA

JUDGEMENT

(1.) Heard learned counsel of both sides.

(2.) An appeal has already been admitted and stay has been granted in respect of the judgment for which the contempt petition has been filed.

(3.) Mr. Saktimoy Chakroborty, learned Advocate General submits that there is no further element of contempt for deliberate violation in this regard by the respondents and therefore, the contempt petition may be dropped. Learned Advocate General also relies on a decision of the Hon'ble Supreme Court in case of Dharam Dutt and Others vs. Union of India and Others, (2004) 1 SCC 712, wherein at paragraph No.69 it is observed by the Hon'ble Supreme Court that the correctness of the judgment of the learned Single Judge was put in issue by the Union of India by filing an intra-court appeal and therefore, filing of an appeal destroys the finality of the judgment under appeal.