Is it contempt of court?

Adv Vikramsinh Mohite (Querist) 23 December 2012 This query is : Resolved
Dear Sirs,

0n 13.12.2012, I had my 498A date in Bhoom Court. On that day, the opposite party brought one fake person in the name of my surety to remove my surety. They gave application to court in the morning. But in afternoon, they withdrew the application before the judge can make any order.

What remedies do I have? What should I do so that in future the opposite party is deterred.

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V R SHROFF (Expert) 23 December 2012
Ask for certified true copy of such Application , and then take action.

Sudhir Kumar, Advocate Online

(Expert) 23 December 2012
prima-facie not. Only the person privy to all facts and papers can advise properly.

Devajyoti Barman (Expert) 23 December 2012
Bring this to the notice of the court. This is not a ground for contempt.

ajay sethi (Expert) 23 December 2012
application made in morning has been withdrawn in afternoon . obatin certified copy of said application and draw attention of the court to said issue

Adv Vikramsinh Mohite (Querist) 25 December 2012
Hon'ble Mr. Sethi,

The opposite party has taken away the application paper with the connivance of court staff. Court staff is saying since the court has not made any order on application, the opposite party can take away the paper. What should I do in such a situation.

Sudhir Kumar, Advocate Online

(Expert) 25 December 2012
Then how do you know that it was filed. Did they serve copy to you or your councel.

Adv Vikramsinh Mohite (Querist) 13 January 2013
My lawyer and court clerk told me this. Can I complain against court clerk also as to how can he give back the paper.

Yudhish Padman S (Expert) 14 January 2013
Dear CS Vikramsinh Mohite,

If you believe that you have sufficient evidence for a successful conviction, then you could file a criminal complaint under relevant sections of Chapter XI of the Indian Penal Code.

In addition, you could also initiate proceedings for professional misconduct against the counsel who is responsible for this (which I do not recommend)

But I personally recommend that you do what Mr. Devajyoti Barman said. Bring this to the notice of the concerned Judge by filing a Memo.

Regards,
S. Yudhish Padman,
Advocate, Madras High Court.
[+91 9566217446]

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