Ashish 15 March 2018

Contempt of court

Dear All,

I have filed the suit for permanent injunction along with application under Order 39 Rule 1&2 read with Section 151 CPC, the Hon’ble Court passed the Interim Order in favour of my Client as per which Respondent was restrained from disposing my client from the suit property except in due course of law, and thereafter Respondent filed his Written Statement and Reply to the above application.

Now the Respondent after filing his Written Statement in the above suit, filed a petition before the Senior Citizen Tribunal (duly constituted under The Maintenance and Welfare of Parents and Senior Citizen Act, 2007) against my Client by showing him as his relative and with a prayer to evict my client from the suit property. In the Tribunal proceeding my Client submit the documentary evidence that he is not a relative of the Respondent and also that a suit for permanent injunction is pending between the parties and in the said suit Hon’ble Court already passed the interim order in favour of my Client and in the counter the Respondent mislead the Tribunal and in his evidence deposed that he did not know about the above said suit and of Interim Order, knowing the fact that he had already filed his written statement in the said suit prior to this petition. The Tribunal rely on my Client evidence and dismissed the petition of the Respondent on the ground that the Hon’ble Civil Court has already passed the interim order so there is no power to the Tribunal to interfere in the said proceeding.

Now as per above said Senior Citizen Act of 2007, only Parents or Senior citizen can file the eviction petition only against their children and relative, so I filed the Contempt Petition before the Hon’ble Civil Court where the above suit is pending, under Order 39 Rule 2A read with Section 151 CPC and the provisions of the Contempt of the Court Act on the ground that the Respondent wilfully and deliberately tries to evict my Client even after the interim order:

Firstly Respondent misleads the Tribunal by showing my Client as his relative and also concealed about the above said suit proceeding and of Interim Order passed by the Hon’ble Civil Court.

Secondly during the proceeding of the Tribunal, Respondent mislead the Tribunal and in his evidence deposed that he did not know about the above said suit and of Interim Order, knowing the fact that he had already filed his written statement in the said suit prior to this petition.

Now my case is in Final Argument and I am in need of some Judgments especially of Apex Court as per which it is apparent that suppression of court proceedings or of interim order tantamount to contempt of court.

Note: The above said suit is still pending and the Hon’ble Court have not vacated the Interim Order

Thanks

Adv Ashish

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4 Replies

R.Ramachandran (Advocate) 15 March 2018

Your contempt petition is bound to fail.

This is for the reason, that while granting interim order in favour of your client, the Court had clearly restrained the Defendant to the Suit from dispossessing your client EXCEPT IN DUE COURSE OF LAW.

The defendant did not dispossess your client. He filed the petition before the Maintenance Tribunal (following a course of law open and available to him) but failed.

Therefore, that is not at all contempt in any manner.

Ashish 15 March 2018

Dear Sir,

First of all thanks for your early response, I agree with you that Defendant failed to evict my Client from the suit property but he tried to do so by using the Tribunal to use as a tool but only due to the evidence produced by my Client then only Tribunal dismissed the eviction petition.

Now as far as DUE COURSE OF LAW is concern, The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 is very clear that only Parents or Senior citizen can file the eviction petition only against their children and relative and in the present case my Client is neither a children nor a relative of the Defendant but Defendant filed the petition before the Tribunal by showing my client as his relative and also by concealing the suit proceedings and of Interim Orders further more during the proceeding of the Tribunal, Defendant mislead the Tribunal and in his evidence deposed that he did not know about the above said suit and of Interim Order, knowing the fact that he had already filed his WS in the said suit prior to this petition, and in the said WS filed in the suit the Defendant itself admitted that my Client is a Tenant under the Defendant not a relative. So in my opinion Defendant did not take the due course of law and as per the legality of DUE COURSE OF LAW the remedy available with the Defendant is to file the eviction petition before the Rent Controller under the State Rent Act.

Please note that The Senior Citizen Tribunal take up the petition proceeding only after when the Defendant affirm and declare that my Client is his relative.

Your imperative comment is necessitated

Thanks