Whether Regisrar/court can admit the Application without serving notice to OP?
Querist :
Anonymous
(Querist) 30 September 2010
This query is : Resolved
Dear Sir, An autonomous organisation falling within the jurisdiction of Delhi High Court has filed the Writ Petition against me after I moved the Contempt Petition which has given direction to the aforesaid organisation to regularise the services of me within 10 days failing Director have to appear in person before the CAT The Organisation has given me the copy of writ petition as proof of service and its notice of motion states that hearing will be on 30/09/2010 (today) I have already filed the caveat Application on 21/09/2010 and I was given the Diary No Today, I contact the registry and the organisation Writ petition was not listed because of objections/defects
My query is
Whether the court can admit his petition without notice being to me?
I am regularly watching the net for the cause list If it will listed on tommorrow whether I am authorise to contest the case for admission ? or should I wait for the notice being served through proper route?
adv. rajeev ( rajoo )
(Expert) 30 September 2010
writ petition is not yet admitted, which is still not yet listed because of objections/defects. If there is any defects or office objections only after complying the office objections writ will be listed, moreover you have filed a caveat definately it will be admitted and notice will be sent to you.
Devajyoti Barman
(Expert) 30 September 2010
Being a Caveator you have got every right to appear on the first day of hearing , whether you have got the notice or not.
Kirti Kar Tripathi
(Expert) 30 September 2010
It appears that due to defect, the petition was not listed for hearing.Since the copy of the petition has already been served by the petitioner,now it is your duty to watch.
s.subramanian
(Expert) 30 September 2010
I agree with Mr.Barman.
aman kumar
(Expert) 06 October 2010
agree with Mr.Barman.
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