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Kannan   04 June 2018

Contempt of the court

Court has disposed our case by giving directions to file a complaint in section 153 under the co operative law and asked to resolve the case with in 12 weeks . The 12 week time was over on feb 2018 but still no action is taken. I gave a reminder letter before 2 months. Still no action is taken. Can I file a contempt of the court now or should I give notice through lawyer.?Note-*A personal reminder letter has been give by me before 2 months)


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 3 Replies

Raghav Arora   04 June 2018

Hi ! Thank you for the question! Firstly, the enforcement of an order should not need a notice from a lawyer or the complainant himself however it is good to provide notice before a court action and thus you should go for the contempt of court action. Here two things are most important -

1. The other party wilfully disobeyed the order and not by mistake of facts or law.

2. The other party had the knowledge and ability to render compliance to the order.

If these are fulfilled, you can file an application setting contempt of court in motion.

However, I'd request you to give more details about the matter like the court where the suit is filed, the type of order pased by the court etc. 

Kannan   04 June 2018

Thank you sir. My company withheld my retirement benefits last year.I filed a writ petition in honourable high court for the same.The honorable high court has directed us to file a review petiton under section 153 of co operative law and asked the respondents to consider the case and have given time limit of 12 weeks. The 12 weeks time was over by Feb 2018 and I have given a reminder letter in personal and through post several times. But no action from their side.due to the vested interest. Is it necessary to send a notice through post or is my letter enough?

Raghav Arora   04 June 2018

If the defendants have not complied with the directions of the court then you do not have to necessarily give them a notice. It is their duty to reply back and comply with the directions and orders. You can directly file a petition for contempt of court. 


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