• Contempt of court

In continuation to my case
Supreme Court order was - we are not inclined to interfere with impunged order.
Operation of order is stayed till disposal of appeal and judgement in Os stayed till the disposal of RFA. 
However high court was requested to ensure expeditious disposal of RFA.

This order was dated 14/11/2018.it is now more than six months.
Since this order in SLP by Supreme Court 
The petitioner in SLP ( who is the appellant in the RFA before high court)has not made any attempt in high court for disposal of RFA.

As a respondent in SLP and in RFA what I should do. Because I have merit in my case . Inspite of having violated trial court injunction and having done fraud Supreme Court has given stay to fraudsters and now I am at great loss.is fraudster is not going to be held responsible for disrespecting judiciary.Why Supreme Court has not considered the fraud and violation seriously?
While passing order did Supreme Court not thought that fraudster may not turn up as the have not respected law / judiciary in the first place.I am really speechless that the person who approached the judiciary seeking justice has been put into hardship while the person who disrespected law not once, twice , thrice as well as fraud is without any consequences.

What should I do?
Asked 3 months ago in Civil Law from Bangalore, Karnataka

See SC court has decided case as per merits before it as respondent also you can file an application for early hearing if matter is not taken up on the board. In case the matter is regularly listed argue the matter and take objection if petitioner side take any adjournments. 

Shubham Jhajharia
Advocate, Ahmedabad
19306 Answers
75 Consultations

5.0 on 5.0

1.In high court the matter is to be listed in daily cause lit for its hearing.

2. So if you wish the RFA to be heard expeditiously then ask your advocate to get the case listed for hearing.

3. So ask your advocate to be little pro active and get the case herd asap 

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

You can only go for review in case of your slp. If gone against you. There is no other remedy in case of SC. 

Prashant Nayak
Advocate, Mumbai
12860 Answers
22 Consultations

4.6 on 5.0

SC has directed expeditious disposal of RFA in HC 

 

2) you can draw attention of HC to SC order and seek short dates 

 

3) HC would fix date for hearing of RFA 

Ajay Sethi
Advocate, Mumbai
66913 Answers
4040 Consultations

5.0 on 5.0

Your case is in trial stage.  Referring  the SC order you can approach HC for speedy disposal of RFA process.

Kallol Majumdar
Advocate, Kolkata
1364 Answers
2 Consultations

5.0 on 5.0

1) it is not in interest of fraudster for expediting disposal of case 

 

2) any of parties can apply to HC fir expedited hearing 

 

3) expeditious gearing would be disposal at the earliest . No time frame is mentioned 

 

4) HC has to pass reasoned order on RFA 

 

5) SC has not gone into merits of the case 

Ajay Sethi
Advocate, Mumbai
66913 Answers
4040 Consultations

5.0 on 5.0

1. Need to study your entire petition and detailed order of high court and supreme Court. 

2. The burden is not for disposing it's for proving the merits of your petition. The burden is always on the party who files. 

5. It can depend on how supreme Court deals sometimes it decides on admission and disposes on admission stage also. 

6. Can't comment without going through high court order

Prashant Nayak
Advocate, Mumbai
12860 Answers
22 Consultations

4.6 on 5.0

1. Sir based on the record presented and merit argued it has decided the case now if the order was wrongly given we have option to challange same.

2  See if he is not taking steps you can.

3  since there is stay on order they are enjoying same.

4  See it is on court to dispose it off.

5. If no time limit mentioned then court can decide same reasonable seeing the pendency.

6  No RFA is not admitted it can be decided on admission also.

Shubham Jhajharia
Advocate, Ahmedabad
19306 Answers
75 Consultations

5.0 on 5.0

1. Where is the question of contempt of court?

2. The order of the Supreme Court was directed to the High Court- to expeditiously decide the RFA. There is no obligation cast on the appellant, consequently no contempt by him.

3. The HC has to decide RFA in accordance with law. Even if the appellant does not prosecute his RFA on the date of hearing before the HC he is still not guilty of contempt. The HC should then dismiss the appeal for want of prosecution.

4. Such orders passed by the SC, more so when the adjudication is not made time bound, are just advisories. 

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

if your right is being affected or prejudiced then you can always file a precipe in the RFA for having it listed on board out of turn 

ask your lawyer to have the papers in RFA circulated on a sooner date 

the appellant will obviously not do anything as the order which was troubling him has been stayed by SC

Thus if your right is being affected then it is you who will have to take steps to have the RFA listed on board for sooner hearing

Yusuf Rampurawala
Advocate, Mumbai
4457 Answers
25 Consultations

5.0 on 5.0

1. The case has not been decided on merit as yet. So the comment is misdirected.

2. No if by keeping it pending he is enjoying something.

3. Do not thing much and get RFA heard by high court asap.

4. Whoever is intested to get it dispoased immediately.

5.  No time limit is prescribed.

6. It is not inferred as yet. 

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

Why not you should file application for early hearing. Appellant not pressing for hearing and under the garb of stay order - execution of lower court order is on hold. Copulate will refuse further adjournment.

Also, in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended.

Yogendra Singh Rajawat
Advocate, Jaipur
13188 Answers
16 Consultations

4.6 on 5.0

Since you are aggrieved by the stay order passed by the supreme court and had even instructed the high court for an expeditious disposal of RFA and as the appellant is not taking any step in high court to get the case disposed at the earliest despite the supreme court orders, you have an opportunity to approach supreme court in the same case and file a petition to vacate the stay based on the reluctant and lethargic attitude of the appellant before high court and also  the losses and hardship you face to execute the judgment of the trial court.

You can even look for the possibilities to give a petition to the registrar of the high court toinitate steps to direct the appellant to conduct the RFA at the earliest or to dismiss the appeal for non conduct of the case despite supreme court orders.

You may discuss with your advocate on any other possibility in this regard.

T Kalaiselvan
Advocate, Vellore
56675 Answers
701 Consultations

5.0 on 5.0

1.  In my opinion, supreme court has not gone into the details of the case especially when it was not approached for an appeal against the pending RFA. The party has approached supreme court against the aggrieved orders by high court which has not granted stay, therefore on that basis i.e., pending RFA supreme court has passed the orders for staying the operation of the trial court judgment, thus it cannot be said that the supreme court has gone into any merits of the case.

2. Yes of course, the burden is on the appellant who filed the RFA for disposal of the same expeditiously.

3. May be with a bad intention to drag on the case and not o allow you to avail  the benefits of the trial court judgment.

4. Read the second answer above.

5. If there is no time limit mentioned then you may not be able claim any such thing however you can safely say that the limitation is 6 months only becasue the latest supreme court judgment speaks that any stay should not be for more than 6 months, the courts concerned ar to take action after completion of 6 months period of stay.

6. Here the admission means taking the case on file, then only it can be disposed as per the merits of the case.

T Kalaiselvan
Advocate, Vellore
56675 Answers
701 Consultations

5.0 on 5.0

Dear Client 

As the case is in hon'ble supreme court and the apex court admits the appeals to hear on the merits of the case and appeals are meant for person or party who is aggrieved with the judgment of lower court or high court. And it is basis procedure of law.

As you have won the case both in lower court and high court the case is going to be in your favor if merits are in favor of you. 

Mohit Kapoor
Advocate, Rohtak
3516 Answers
1 Consultation

5.0 on 5.0

You are also a party both in the SLP and RFA, why have you not made attempts through your advocate to get the RFA listed since 14/11/2018, why are you waiting for the Appellant to take steps to get the appeal disposed off. He had originally appealed against the order of the trial court in RFA, the high court probably refused to grant stay of the trial court order, against this the appellant approached the supreme court which has passed the impugned order on 14/11/2018. 

After obtaining stay of further proceedings, in my opinion why would the appellant attempt to get his appeal disposed off so early, he would want to take the benefit of the order for as long as possible. You on the other hand want to get his appeal heard and disposed off, so instruct your advocate to get it listed before the bench as soon as possible. That is the only way to clear the case.

Kiran N. Murthy
Advocate, Bangalore
1168 Answers
164 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have not answered positively.
  2. As I understand the anguish that you have sir for our judiciary, but still I would like to give my view on this.
  3. SC has not even touched the merits of the case, it has just ordered for expeditiously disposal of the case as SC itself knows it that there are certain facts which need to be examined in depth.
  4. Though somewhere, I also feel that culprit are getting benefited by this after the stay order by the Apex court of law.
  5. Now, I would also like to suggest you if you wish to file a petition in the SC seeking immediate setting aside of the stay as court has not been complying with the terms of the order and other side enjoying the lose end of the judiciary.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

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