Cat order challenged by the dept after 11 months condonation of delay - preventing to file contempt
Prasad
(Querist) 22 July 2016
This query is : Resolved
CAT order in my favor 14 August 2015 Dept didn't implement. I want to file contempt. Learnt that dept filed (21 June) condonation of delay to appeal against CAT order in High Court. As on date (22 July) I didn't receive any notice. Meanwhile deadline to file contempt is too close (13 August). After I file contempt, condonation is admitted, my contempt petition will not be entertained. If I wait and nothing is known about dept appeal by 14 Aug I forego filing contempt. In a fix. Please advice.
As per CAT Order there is no time period within which date CAT order was to be implemented.
Asked the department to implement the order thrice in these 11 months.
Guest
(Expert) 22 July 2016
As per CAT Order, what was the period within which or the date by which the CAT order was to be implemented?
Rajendra K Goyal
(Expert) 22 July 2016
Have you asked the department to implemented the order?
Kumar Doab
(Expert) 22 July 2016
You may reply to the point raised by Expert Mr. Dhingra.
Devajyoti Barman
(Expert) 22 July 2016
First take information from high court whether at app appeal is preferred. If not then do file contempt. If filed then also file contempt to expedite the hearing of appeal in high court.
Prasad
(Querist) 22 July 2016
As per CAT Order there is no time period within which date CAT order was to be implemented.
Asked the department to implement the order thrice in these 11 months.
Prasad
(Querist) 22 July 2016
As per CAT Order there is no time period within which date CAT order was to be implemented.
Asked the department to implement the order thrice in these 11 months.
Kumar Doab
(Expert) 22 July 2016
It appears you have modified your first and original query also.
Guest
(Expert) 22 July 2016
Based on your latest information, contempt is not justified. Be prepred to contest the appeal.
Kumar Doab
(Expert) 22 July 2016
You have posted that;
'Meanwhile deadline to file contempt is too close (13 August). '
How this conclusion is made!
Prasad
(Querist) 22 July 2016
Here in Gujarath advocates said so (after one year of its order CAT will not admit the contempt petition). They advised me to wait until 11 months to go for contempt. It was apprehended that filing contempt sooner will only expedite the dept to file an appeal. When appeal is pending in HC contempt is not entertained by CAT. Thus money spent on contempt (lawyer fee) will be wasted.
Kumar Doab
(Expert) 22 July 2016
Go thru the post of Mr.Barman.
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