Contempt of high court

vinaykala (Querist) 04 October 2012 This query is : Resolved
my brother , a defendant of a case filed by me has despite giving an affidavit to the high court that he shall use certain premises only for residential purpose and not guest house has been openly advertising the guest house on the internet at 3 websites for over a year in violation of the affidavit.

we have taken google dated screenshots showing the dates on which the ads were issued

he continues to do so.

earlier he gave the same affidavit at a trial court and subsequently it was establbished thru report of the local commissioner that a guest house was running

thus from nov 2009 after giving an affidavitg to lowere court and again in oct 2011 after giving an affidavit to the high court this comtept continues.

i propose to file an appliction for comtempt of court.

kindly let me know what relief i shall get for continued use of floor as a guest house in violation of the affidavit.

i own the floor on which the guest house is run and i have filed a suit for possession,

can the court order that mesne profts at guest house ratees would continue to be provded to me till the guest house operates.

what other penalities can it impose?

vinay kala oct 04,`1

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ajay sethi (Expert) 04 October 2012
has any order been passed by high court that premises shall be used for only residential purposes and not for running a guest house?

if no order has been passed there is no injunction restraining your brother from doing so . he can always take the plea that he is facing financial constraints and as such using the said premises for guest house now

vinaykala (Querist) 05 October 2012
yes sir the delhi high court has passed the order in august 2011 and on that basis he has given the affidavit.

till today the guest house is advertised on 3 websites and i have catched google certified statements to this effect.

so the query still remains

pl do respond sir

vinay kala

oct 05,2012

vinaykala (Querist) 05 October 2012
i have reced no response

vinay kala

vinaykala (Querist) 06 October 2012
dear all,

my query is not resolved.

want to know in the present case should i go for contempt of high court decision and what remedy am i likely to get.

will the high court in all likelihood treat it as a case of comtempt and also order a fine and treat mesne profits for use as a guest house and not as a residence.

vinay kala

oct 06,12