Contempt under 39 2a
MahendraKumar.H.Trivedi
(Querist) 15 May 2019
This query is : Resolved
Sirs,
I changed lawyers, consulted number of lawyers and retired judges but could not get proper answer. I am now facing contempt charges under 39 2a vide interlocutory application in a declaration suit instituted by a firm. No reply filed by me /my lawyers. Contempt Application filed by plaintiffs in 2016, came up for hearing in 2018.
Court is not disposing off the application, neither any notice issued on me. Nor giving judgement.
Contempt Application was filed by plaintiffs after giving pw and all issues proved otherwise for plaintiffs as obvious from witness statement filed by surviving partner.
Both sides lawyer remaining absent.
I personally went for hearing and judge told me there is contempt application with provisions of punishment against you and come with your lawyer. Against above back drop my query is
1) interlocutory application is not numbered
2) suit is instituted by a unregistered firm of two partners and one partner died( no legal heir named) and current contempt application is signed by only surviving partner and not by both partners as other no more.
Disputed contract leading to declaration suit is in the name of the firm and not in the name of the partners.
Is suit tenable.
KISHAN DUTT KALASKAR
(Expert) 24 May 2019
Dear Sir,
My answers are as follows:
1) interlocutory application is not numbered
Ans: It is an administrative defect and it has no effect and it can be cured at any time.
2) suit is instituted by a unregistered firm of two partners and one partner died( no legal heir named) and current contempt application is signed by only surviving partner and not by both partners as other no more. Disputed contract leading to declaration suit is in the name of the firm and not in the name of the partners. Is suit tenable.
Ans: You have many grounds to get such application dismissed. A suit by unregistered firm is not maintainable. Secondly the legal heirs deceases partner not brought on record. Thirdly the firm came to end on the death of one of the partner. You may immediately hire an intelligent advocate and get the application of contempt and the very suit be dismissed.
Please mark “LIKE” if satisfied by my answer.
MahendraKumar.H.Trivedi
(Querist) 25 May 2019
Many many thanks Sir.
God bless you. Keep doing good service. Regards.
