W.P(C) has been filed by the contemnors in High Court

Querist : Anonymous (Querist) 28 September 2010 This query is : Resolved
Dear Sir,
I have won the case in CAT and I have filed the Contempt proceedings against non implementation of order and CAT has directed the respondents to appear personally

Thereafter, I have the reasonable apprehension that the respondents will move to the High Court for stay so I filed the caveat Application

The respondents filed the Writ Petition before the High Court for quashing the order and Interim relief for stay and the hearing will be on 30/09/2010 for admission

My queries are:
1 Since the matter is listed before the Delhi High Court whether I should take the written reply or have to make arguments orally against the Application moved by Writ Petitioner for Interim relief/stay under Section 151 CPC

2 Whether the Hon'ble Judge can take the Reply against the interim relief Application in the court Room?

3 Whether there will be separate arguments for Writ Petition prior to admission?

4 Whether I would have to specify the case law during the arguments at the time of admission itself?

Please help me immediaely

Please infor

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s.subramanian (Expert) 28 September 2010
1. You can submit your agruments in writing as well. There is no bar.It is always better to file your reply affidavit to the interlocutory petition also.

2. You have to file the same in open court before the commencement of the hearing.

3. Yes. Only after hearing the agruments admission weill be decided.

4.Yes. Very much.

Best of Luck,.

Kiran Kumar (Expert) 28 September 2010
since you are a caveator, you will be heard on the first date of hearing.

you may file the reply in the court room as well unless the court directs otherwise.

the writ is not going to be decided immediately on the first date keeping in view the circumstances.

to the main writ petition you may file the reply later also....but prior to that concentrate on the fact that the court refuses to admit the writ petition.

Chanchal Nag Chowdhury (Expert) 28 September 2010
In a case like yours,the admission part is between the court & the petitioners. U are entitled to be heard only in respect of any interim orders that may be sought.