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AAG (Software Design Engineer)     05 June 2017

Contempt petition rule

In a WP, HC ordered Govt. Department to conduct an enquiry. To my understanding the Govt. Dept. did not do the enquiry in its true spirit. I am neither a petitioner nor a respondent in the WP, but I am a member of the Co-op Society who is respondent in the WP, and therefore indirectly affected. Given my situation, can I file a Contempt against Govt. Department OR contempt can only be filed by the listed petitioner/respondent in the WP? Thanks,


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 June 2017

you cannot approach court directly. You can give complaint to the registrar of cooperative socieities for implementation of court order. 

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com)     05 June 2017

If the Society is a respondent it has the right to file a contempt petition for violation or non-compliance of the Court's order. An application or contempt petition can be filed by the Society and not by an individual member acting in his personal capacity.

AAG (Software Design Engineer)     06 June 2017

Thank you Mr. Rama and Mr. Firdosh for to the point answer. 

I actually gave application to RCS but the office did not pay any heed to it.  Also, the order is related to investigation of large scale mis appropriation of funds in the society.  So the society is not going to file a contempt obviously.  And from the order that I have received through RTI, from RCS office, (that is supposed to be fulfilling the Directions/orders of HC in the WP) has completely circumvented the issue or money scam in the society.

Given this situation, I understand that I can't file a contempt.  But can I file another WP against RCS that it did not investigate the matter as per court orders?

If it is possible, I would like to seek help in preparing WP, that I can file myself and represent.

regards,

Ajay Aggarwal

 

 

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com)     06 June 2017

In your individual capacity and as a member of the Society you can file a separate Writ Petition against the RCS. However, you should have enough material to show the Hon'ble Court that the matter has not been investigated as per the Court's orders.

To prepare the Writ Petition you will have to give the lawyer complete details and you can file the same after giving a statutory notice to RCS.


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