contempt /disobedience of order of court
vinod bansal
(Querist) 05 February 2009
This query is : Resolved
R/Sir
I was success bidder for supply of sulphuric acid in a govt. plant,being success bidder acid was supplied by me on demand of plant,after one month without any reason or intimating me plant officer stopped my supply & called short term tender for the supply of acid for the same period for which my tender was going on.Being aggrieved i contacted to concern officers,they replied as now the rate of acid in market is much less than rete on which you are supplying us acid,i told them it is wrong as first of all there is no any down fall in rates secondly there was no any such condition in our contract that during the tender term if there is any down fall in rates govt. plant officers are free to call fresh tenders,ultimately i filed a civil suit & succeeded in getting injunction order from the court in my favour,court ordered defendent not to call/open fresh tender till further order of the court,now problem is that plant is still receiving acid from the open market & they are not receiving acid from me being success bidder/tenderer.Now question is this whether it is contempt of court or not,i want to file an application against defendent for contempt/disobedience of court order.plz help me.Thanks
A. A. JOSE
(Expert) 06 February 2009
Dear Mr.Vinod,
You have to state as to whether the plant has called/opened fresh tender or not. It appears that the injunction order is limited to the above aspects and there is no restriction on the plant from receiving acid from the open market as per the court's injunction order as brought out by you herein above. Therefore, there is no question of any contempt committed by the plant by receiving acid from open market unless there is specific injunction granted by the court to that effect also.
M. PIRAVI PERUMAL
(Expert) 06 February 2009
I agree with the view of Mr. Jose. But the tactics adopted by the government plant is other way of defeating the injunction order granted by the Court. Dont bother about the result of contempt. Go ahead with contempt and let the government plant come out with the reply to it. The Court may be in a better position to know the tactics of the government plant.
vinod bansal
(Querist) 06 February 2009
You are right Sir,Thanks for precious advice
PALNITKAR V.V.
(Expert) 07 February 2009
What Mr. Jose says is right. Besides, i think you should also file another application as an alternate remedy for injunction to restrain the Plant from purchasing acid from open market.
PALNITKAR V.V.
(Expert) 11 February 2009
the query should be treated as resolved.
