Filing of contempt of court case.
cchs1962
(Querist) 18 February 2013
This query is : Resolved
Our society have filed a case with Board of Nominees in accordance with the breach of several rules and bye-laws enacted as per coop hous. soc. act 1961 and registered bye-laws of the society. Without Prior consent of society one our member sold his plot to builder and the builder has constructed 4.5 storied apartment on the disputed plot during the pendency of the suit and later the court have order status quo on the disputed plot.
The society have filed a Contempt of Court case with Cooperative Housing Societies Tribunal but recently the tribunal have come to conclusion that it does not have jurisdiction to give judgment of the case because the contempt case must be filed in Board of Nominees who gave the prior order. After 1.5 years of time and issuing notice to the opposite party and the opposite party filing there answers the tribunal have given such a verdict. My question is what are remedies that are available to the society? where can we file the contempt of court, i.e. in the Board of Nominees or High Court?
Kiran Kumar
(Expert) 18 February 2013
apart from technical aspect involved in your case, there is a question if the stay order was granted after the construction was done then how the contempt petition is maintainable in this case?
cchs1962
(Querist) 19 February 2013
The Board of Nominee has given stay during the suit and the tribunal have upheld the stay of the board of nominees and have said that the construction done by the builder without the NOC of society is invalid and illegal and society has all the rights to stop this illegal construction.
ajay sethi
(Expert) 19 February 2013
file it before Board of Nominees .
since tribunal has given a finding that it ought to be filed before Board of Nominees file it before said authority
