Sriparna Sarkar vs The State Of West Bengal & Anr on 11 May, 2017

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11/05/2017

ARDR
CRR 2304 of 2016
+
CRR 3224 of 2016

Sriparna Sarkar
Vs.

The State of West Bengal anr.

Mr. Deep Chaim Kabir,
Mr. Mazhar Hossain Chowdhury,
…for the petitioner.

Mr. Kamalesh Ch. Saha
…for the O. P. no.2.

Affidavit of service is taken on record.

This revisional application has been filed by the petitioner

ventilating the chequered history of this case.

A case under Section 125 of the Cr. P.C. was filed against the

present opposite party no.2/husband and the learned Judicial

Magistrate passed an order. A case under Section 498A was also filed

against the present opposite party no.2/husband. At the time of

hearing of anticipatory bail application, the then coordinate Bench has

passed an order to pay Rs. 4,000/- per month as maintenance and

such assurance was given by the accused/ opposite party no.2 herein

and thereafter he got the bail but paid nothing. Subsequent coordinate

Bench has taken up the issue and issued contempt notice to him.

Initially, he did not appear but after the Rule was issued he appeared

and his the then conducting lawyer has given assurance that the order

has to be complied with. Unfortunately, that was not complied with.
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Today, it has been submitted by the same lawyer that the brief of this

matter has been taken away by the client and another lawyer was

engaged.

However, subsequently, two applications have been filed before

the other coordinate Bench by which the case under Section 125 Cr.

P.C. was transferred from Barasat to Bichar Bhaban. At that time also

READ  State vs Sabir on 6 August, 2014

the present opposite party no.2/husband did not pay any single

farthing.

Conduct of the present private opposite party goes to show that

he wants to play hide and seek with the Court and not only that all

these efforts have been done by him only to protract the litigation and

his conduct speaks that he is practically a truant litigant who should

be given a proper lesson.

However, Mr. Kamalesh Chandra Saha appeared today on behalf

of the private opposite party no.2/husband and prayed for time to

submit some documents on Monday. However, in the meantime, the

salary to the extent of Rs.25,000/- of the present opposite party

no.2/husband be attached.

The Chairman-cum-Managing Director, Reliance Communication

Limited, 3rd Floor, BHQ, DAKC, Navi Mumbai – 400 709 is hereby

directed not to disburse the salary before deducting Rs.25,000/- to the

present opposite party no.2, namely, Bijay Ananda Sarkar until further

orders.

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The office is directed to send a copy of this order to the Chairman-

cum-Managing Director, Reliance Communication Limited, 3rd Floor,

BHQ, DAKC, Navi Mumbai – 400 709 by Speed Post today itself.

Let the matter appear on 16/05/2017 under the same heading.

Let a photostat plain photocopy of this Order, duly

countersigned by the Assistant Registrar (Court), be handed over to

the parties.

(Siddhartha Chattopadhyay, J. )

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