Limitation time for Appeal aginst the CAT order
Querist :
Anonymous
(Querist) 02 October 2010
This query is : Resolved
Dear experts,
The CAT has allowed my O.A in Feb 2010 and has given 3 months time for implementation of order. But the respondent failed to comply it within the time frame as result I have filed the contempt petition which has given direction to comply with in 10 days or to appear personally for further proceedings on 6/10/2010
The respondent has filed the writ petition along with Application for stay of the CAT order which will be listed on 4/10/2010
My queries are
1 whether the respondents writ petition is maintainable as they have approached before the High Court after the expiry of 3 months?
2 Under Appellate Jurisdiction, what will be the limitation time for the appeal against the order?
3 whether High court will directed grant the stay to the writ petitioner on the first date of hearing?
4 If the stay will not be granted but the petition will be admitted, whether CAT has the power to tried the charges against the respondent?
Kirti Kar Tripathi
(Expert) 02 October 2010
1. Yes,under the law, there is no limitation for filing of a writ petition. the limitation of 90 days is self imposed restriction by the Court. However, you can take a plea of delay. Moreover, normally the writ petition are not dismissed on the ground of delay unless there is inordinate unexplained delay.
2,. 90 days.
3. yes, depending upon the facts and legal position
4, yes, unless, the orders is not stays or quashed by the competent court or forum, every Court passing the orders has full jurisdiction to get implemented the same.
