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Manabendra (Legal assistant)     04 September 2012

Contempt petition u/s

Sir,

 I am one of the partners of a brick field along with the defendants 1, 2 & 3. The defendant No.1 in connivance with  other defendants sold out thea substantial number of movable and imovable assessts of the brick filed of which I am also one of the partner by my back. Now I got temporary injunction from the lower court of civil judge, Sr. Division who passed an order of attachment of the property and to protect the interest of firm appointed receiver. But after selling of the most of the movable assetes like TATA vehicle, Bullock , Bricks of about 0 000 first class and unfinished products and certain others the defendant No.1 is now threatening the receiver appointed by the court who lodged FIR against such threatening.  Now I intend to file Contempt  against the defendant no.1 but for wil full violation of the order of attachment by way of selling out of the property, what section of the contempt of Courts Act, 1971 would cover  whether section 11 or 12. Kindly  clarify me and if possible refer a judgment of like nature.

 

Manabendra



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 3 Replies

surjit singh (Assistant)     04 September 2012

It should be application under  Order 39 Rule 2A of C.P.C. which is just like a civil contempt.

Manabendra (Legal assistant)     05 September 2012

No. I got order for interim injunction under/order 39 Rule 1 & 2  read with section 151 CPC whereby and whereunder the Ld. Civil Judge Passed an order of interim  injunction and thereafter  to protect the interest of the firm (brick field in share) passed an order of appointment of Receiver and order of attachment of the properties of the firm till finailation of the suit considering that the properties are being sold out by  one of the partners i.e. defendant No.1. Now the question is what remedy I can seek and under what section. Is it under contempt of courts Act in High Court  for violation of the lower court's order of attachment of the movable and immovable assests  most of which are sold out  by the defendant No.1 in connivance with other defendants

Kindly advice.

 

Manabendra

Manabendra (Legal assistant)     06 September 2012

attachment of movable and immovable assets of the partnership firm (Brick field) was made by Ld.Civil Judge, but the properties were sold out by the defendant violating the order of attachment, Now what is the remedy for violation by filing contempt  being the aggrieved plaintiff.

 

 

Manabendra


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