Civil contemp
Vinesh K Chhaya
(Querist) 15 December 2011
This query is : Resolved
One Company has Borrowed The loan on Land of Govt. Illegally and bank also provide Loan service without any search Report for revenue record of the land...Time being the Borrower Company became Defaulter of the Bank....Bank Has Taken steps Under SARFAESI Act-2002 and Lodge Petition to the Collector(District Megistrate) for Possession of the Properties with this Land..The District Megistrate has ordered to Mamlatdar(Executive Megistrate) to Take Possession and Handover the properties to the bank including This Govt. Land....Obviously It has done without any searching....Thenafter One RTI Activist Applied to take step against this scandle to the District Megistrate Then District Megistrate Instructed to The Executive Megistrate that "If the order under SARFAESI Act not complied then Stop the implimetation of that order".Thenafter The Executive Megistrate has Taken Physical Possession of all the properties without following the Last instruction of District Megistrate....So In this Situation It can treat as matter under Cotempt of Court Act? or which type of complaint to be filed and under which jurisdiction?
Raj Kumar Makkad
(Expert) 15 December 2011
It shall be better if any citizen dare to go to High Court and file a writ bringing in light this fraud being played by all govt. officials in connivance with the officials of company and public property of worth is being destroyed for personal interests.
Raj Kumar Makkad
(Expert) 15 December 2011
contempt of court is not applicable in the administrative orders.
Devajyoti Barman
(Expert) 16 December 2011
Cotempt of court would not do. You have to file proper application before the DRT.
Sailesh Kumar Shah
(Expert) 17 December 2011
there is no contempt of the court. File writ as suggested by Mr.Makkad.
