Dt: May 9, 2011
Dear All,
Need help for following: A matter that was pending for more than 20 months was filed in court. Court pronounced its order. The other side did not obey it. A) It did not even correspond with the complainant. B) It did not file reply, compliance report to order with court also. Contempt was filed. In CP, following illegalities have occured
1) Illegal adjournment -
(A) No vakalatnama, no memo of appearance. – These important facts were withheld from the court. So there is NO authorised counsel in case. Where is the question of counsel being substituted by a PROXY? Yet it was allowed.
(B) Counsel not listed in court’s daily cause list, no request at beginning of session, other party has NOT given NOC (No objection certificate)
2) After proceedings started, an unscheduled stranger suddenly claimed to be PROXY and requested for adjournment. Judge declined and said decision will be pronounced. He then made a false promise. Judge then gave them a adjournment with stern warning.
3) That judge did not chair on next day of hearing after 4 days. Promise in court has not been kept up.
4) Other side did not serve mandatory reply.
5) It bypassed court registry.
6) Other side then secretively submitted a legally untenable reply to bench in court and thrust a copy to complaint. – IT VIOLATES ETHICS, FAIR TRIAL.
It is nothing short of ambush.
- As contents were not even known, the contentions were not even known, let alone adding value to court proceedings. Complainant did a mistake by not asking time to file rejoinder.
Court pronounced order and closed CP.
This so called reply could be analysed only much later. It reveals following:
7) The court order that caused Contempt Petition itself has been MISREPRESENTED
8) This so called reply violates 7 mandatory court rules.
Above has caused lot of injustice. Contemnors have done this deliberately.
Now, how to get adjournment cancelled? (Appearance of that PROXY itself is invalid). Case has to be taken back to that day. Legal position on that day is 'After contempt notice, for decision'.
(Note: This request has been drafted in hurry. Errors if any in diction, construction are inadvertent and are sincerely regretted)
Thank You,
P. Suresh