HC upheld Trial Court order in EP=No adherence means a Contempt of which Court?

Querist : Anonymous (Querist) 10 November 2010 This query is : Resolved
Respected Adv Sirs,
The order of given in Ex Petition was challenged in HC by an application staying the rights given.The Hon.HC upheld the lower court's order by dismissing application(WP).
Now, the person is not obeying this order of EP which was upheld by HC.
Is this a contempt or not?
If yes what should I do?
And where will it get admitted before div.Bench or in trial court where EP was filed.

Please guide & oblige..

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s.subramanian (Expert) 10 November 2010
File it before the trial court where EP is filed.

Devajyoti Barman (Expert) 10 November 2010
What sort of execution case you are talking about? Generally the executing court court has got enough power to implement its own order and fro which you need not file any contempt.

Chanchal Nag Chowdhury (Expert) 10 November 2010
I fully agree with Mr. Barman.The EP has no power to punish for contempt. Moreover, all violations do not attract contempt.In EP, it is the Ex.court which is empowered to take all steps to see that the decree is fully satisfied & for that it can go to a great extent -even putting the J.Dr. behind bars.

adv. rajeev ( rajoo ) (Expert) 11 November 2010
Proceed with EP petition and take appropriate steps .

Uma parameswaran (Expert) 11 November 2010
Before trail court where EP is pending.

Arun Kumar Bhagat (Expert) 21 November 2010
I agree with Mr. Barman and Nag Chodhury.

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