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Gauhati High Court · body

2014 DIGILAW 387 (GAU)

SUSMITA HOJAI v. BARUN BHUIYA

2014-04-01

A.M.SAPRE

body2014
JUDGMENT This contempt application arises out of an order dated 26.02.2013 passed by the learned Single Judge in WP(C) No.2924 of 2012. Notice of this contempt application was issued to the respondents. The respondents are served and duly represented. Learned counsel for the respondents at the outset submitted that the order in question has since been complied with by the respondents and the same is clear from the letter dated 13.6.2013 sent by the respondent to the petitioner purporting to be in compliance to the order out of which this contempt application arises. Having heard the learned counsel for the parties and on perusal of the records of the case and after taking into account the nature of the controversy raised, I am inclined to dismiss this contempt application with liberty to the petitioner to challenge the impugned compliance said to have been made by the respondents in compliance to the order passed by this Court out of which this contempt application arises in appropriate proceeding in accordance with law in case if she feels dissatisfied with the compliance. Needless to observe, in case if any such legal recourse is taken by the petitioner by challenging the purported compliance, dismissal of this contempt application would not come in her way in prosecuting the remedy in accordance with law. Subject to the aforesaid observations, this contempt application fails and is accordingly dismissed. Rule nisi issued against the respondents is hereby recalled.