Whether Contempt Petition reamins stands/or dismissed if the High Court ref for reconsideration
Querist :
Anonymous
(Querist) 06 October 2010
This query is : Resolved
Dear experts,
I have filed the contempt Petition(C.P) in the CAT for non implementation of the order. The O.P filed the writ petition against the quashing of order. The High Court didn't quashed but refer it to CAT for consideration of certain point raised by the O.P
Today the OP counsel has made the submission that the High Court has overturned the order (but the real fact was that it was just referred back to the CAT) After hearing the contention from the counsel of the OP the CAT has dismissed my C.P
My queries are:
1 Whether the C.P can be dismissed if the High Court has only send for reconsideration?
2 Since the Order of the High court have not been received either by me or by counsel of the OP .Can I revive the C.P by highlighting the fact that it was not overtuned but only referred for review?
3High court has neither admit the Petition nor granted for stay whether the OP is entitled for such relief?
Devajyoti Barman
(Expert) 06 October 2010
1. Yes, it can.
2.No you can not. Once the matter is remanded back to the CAT for reconsideration then it has go every power to pass any order unless the high court has directed to reconsider only certain aspect. The order needs to be perused to make any definite reply.
3. The order of the high court needs to be seen.
