341 crpc can be filed against cat order before h.c

This query is : Resolved 

11 November 2015

I have filed the 340 Crpc application before the CAT which was dismissed by CAT with the main application.My query is that 341 crpc provides an appeal before the superior court against the order of the subordinate court.
Also the CAT reserve the power of equlavlent to that of High Court
In that case, can I file the appeal application before the H.C under 341 crpc? or 482 Crpc is the only remedy against the order?

11 November 2015

482 is the remedy.

Devajyoti BarmanOnline (Expert)
11 November 2015

Only civil revisional application lies in high court. Application u/s 482 crpc has no application herein.

Guest (Expert)
11 November 2015

Was there any specific reason with you to file a case u/s 340 CrPC to CAT?

Sudhir KumarOnline (Expert)
12 November 2015

your query is vague.

CAT has not subordinate courts.

Rajendra K Goyal Online (Expert)
12 November 2015

Vague query, discuss problem to local lawyer after showing him full case file.

Advocate. Arunagiri (Expert)
12 November 2015

If you have filed 340 cr.p.c. petition before a single member bench, now you file 341 cr.p.c. appeal to the two members bench.

If you have already filed the 340 cr.p.c. peitition before the two members bench, now you file the 341 cr.p.c. appeal to the High Court.

482 is not maintainable while the provision in 341 cr.p.c. is available.

yogesh (Querist)
12 November 2015

Thank you. Advocate Arunagiri Sir...I am satstsified with your reply..

Infact could not locate any Judgment in which any one has ever filed the 341 Crpc against the CAT order...there is one judgment against the order of Company Law Board where the appeal before the 341 crpc was maintainable

I have already prepared , drafted and will will after opening of the courts
Once again Thank you for your immense help

yogesh (Querist)
12 November 2015

P.S Dingra Sir..Yes there was specific reasons for filing the 340 crpc as the party has made cosncisous and deliberate false averments in their affidavit and committed various offences in relation to the porceedinsg of the court...The CAT summarily rejected and overlooked the order of coordinate benches without even overlooking that there was prima facie case there

12 November 2015

Take opinion of local lawyer

Advocate. Arunagiri (Expert)
13 November 2015

I personally handled 340 and 341 cr.p.c. cases.

Do not rely on judgments alone. Rely on the facts of the cases. Once you file the appeal under 341 cr.p.c. the Registry will guide you further.

yogesh (Querist)
13 November 2015

Thank you Arunagiri sir for guidance..I too have filed the 341 Crpc but at the session court level against the JMFC order...I will inform the outcome

K.S.SrinivasOnline (Expert)
14 November 2015

I agree with Advocate Arunagiri.

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