Our Criminal case against builder under MOFA for conveyance was stayed by HC in 2015, pending outcome of our WP 9219/13 regarding the unilateral Deed of Declaration that builder didn't file with Dy Registrar as per Sec 10(2) of MOFA. We moved trial court in February 2022 citing SC order in M.A. 1577/2020 (Asian Resurfacing of Roads Agency v/s CBI). In the meantime, an Interim Application to move WP 9219/13 to final hearing is moved, citing repeated intrusion by builder and the "Cipla Ltd v/s the Competent Authority & Ors" case which held unilateral deeds of declaration as being bad in law.
The judge in trial court was firstly unaware of Asian Resurfacing judgment. Since then, he has postponed dates thrice, and now to 10th June 2022, saying he needs to "understand" the order of SC in M.A 1577/2020.
1. Can we file a contempt please against judge? If yes, whether to HC or SC?
3. The contempt orders I saw online seemed to move fast, i.e. Orders within 6-12 months of filing. Is that standard? I have seen Contempt petition orders against Judges for Asian Resurfacing orders.
Asked 1 month ago in Civil Law
2 dates each passed since M.A. in RCC 2145/07 and RCS 1710/07 to restart cases basis the judgments in Miscellaneous Applications Nos. 1577/20 and 890/21 (based on Asian Resurfacing order)
The orders of SC in M.As. 1577/20 & 890/21 don't allow trial court to ask a say/argument from opposite party, or even file a status of stay from HC. Orders are to automatically and immediately commence trial. The magistrates have however just done "tareekh pe tareekh" and posted 3rd dates post summer recess.
Can a common M.A. be made to the PDJ in RCC 2145/07 and RCS 1710 to direct respective courts to expedite orders on stay vacation? Parties are the same, property in question is the same.
Or will it have to be individual M.As to PDJ? I have seen Contempt Applications to HC by parties impacted by the stay being vacated due to Asian Resurfacing. Ref: CONTEMPT APPLICATION (CIVIL) No. - 6402 of 2019 in Allahabad HC.
1. Should we move a Contempt Application too.. Or a M.A. to PDJ?
2. Can both M.As be clubbed or will they need to be separate?
Asked 13 days ago