Tribunal rejects contempt of court application after 1.5 yrs
cchs1962
(Querist) 01 April 2013
This query is : Resolved
Our Society had filed a Contempt of Court case in State Cooperative Tribunal in context of the builder continuously doing construction work at the disputed site for which the Board of Nominees has given a status quo till the final award has been given in the said case. The State Cooperative Tribunal accepted the filing of our contempt of court application and after 1.5 yrs the tribunal have rejected the application saying that it has no jurisdiction to hear the application.
Kindly let me know that can the society file a second appeal application to the tribunal? Also let me know what sort of evidence be produced for proving contempt of court?
Devajyoti Barman
(Expert) 01 April 2013
Challenge the order of tribunal in the high court and apply for restraint order of interim nature.
cchs1962
(Querist) 01 April 2013
Respected Learned Advocate Shri Barmanji will not be viable for the society to file a Revised Petition in the Tribunal itself for the same Tribunal in its prior judgment has said that the builder has not taken NOC of the society before building the apartments and so the society has legal right and authority to stop illegal construction going at the disputed plot.
Anirudh
(Expert) 01 April 2013
What was the original order of the Tribunal, which was not followed by the Builder?
prabhakar singh
(Expert) 01 April 2013
Is builder also member of your co-operative society?
If not,then you ought to have filed a law suit of injunction in civil court .
