• Can a contempt petition be refiled

I had filed a civil contempt petition against RBI.
The matter pertained to certain unilateral post judgement alterations made by RBI in it's circular dt [deleted] to its regulated entities pursuant to the directions issued by the Hon'ble SC on WPC 476/2020.
In WPC 476/2020, the Honble SC directed that no interest on interest shall be charged from eligible borrowers who defaulted during the moratorium "for the period during the moratorium". However, RBI who was a party to the case altered the judgement directions and issued a circular dt [deleted] mentioning that the honble SC had issued directions that no interest on interest will be charged from borrowers during the moratorium period. On this basis Regulated entities reversed the capitalization during the moratorium but continued to charge for the moratorium from 1st September 2020 onwards although the Honble SC had barred the charge of Interest on interest both for & during the moratorium. 
My contempt petition 34743/2024 against RBI was heard on 4.4.25 where the learned judges asked me if i was a party to the original WPC 476/2020.
When i replied no, they asked me how i was filing the contempt petition. I quoted the judgement in a contempt petition filed in RBI vs Jayanti lal mistry case where it washeld that in terms of general directions, any aggreived person can file a contempt petition and the jurisdiction is not limited to only the parties to the case. The learned judges did not pursue this legal precedent further nor ask me to show the case judgement. They simply went on to ask me if I would like to withdraw my case or if they should put exemplary cost and dismiss it. Given the situation, I was forced to withdraw my case. Now, the order says it is dismissed as withdrawn with liberty to avail applicable remedy under law. They have not specifically mentioned that I have liberty to refile the contempt case. 
In this scenario, can I
1. Refile my contempt case quoting additional submissions & grounds for refiling explaining why I am eligible to file a contempt petition in view of Girish Mittal Vs Parvati sundaram case page 11&12. 
2. If not can I refile the contempt petition with a co petitioner who was a original party to the case.
3. What are the procedural formalities to do it, Do i need to file a SLP seeking permission to refile? 
4. Is there a possibility that the court having dismissed the contempt petition as withdrawn will not entertain the contempt petition again now even though the petitioner is now showing evidence of legal precedents which answer the courts concern regarding locus standing of the petitioner affecting maintainability?
Asked 19 days ago in Civil Law

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13 Answers


Can you refile the contempt petition against RBI?

Yes, since your petition was dismissed as withdrawn with liberty to seek remedy under law, you can refile it with better legal backing.


Key Points:

  1. Refile with additional grounds – You can include new legal precedents like Girish Mittal vs Parvati Sundaram which supports your right to file contempt even if not a party to the original case.

  2. Refile with a co-petitioner – If you include someone who was a party to WPC 476/2020, it strengthens the case and directly addresses the court's concern about locus standi.

  3. No SLP needed – Since the case wasn’t dismissed on merits, you don’t need a Special Leave Petition to refile.

  4. Court can entertain it again – Courts generally allow refiling in such cases, especially when new facts or precedents are presented and the earlier petition was not decided on merits.

Let me know if you'd like help drafting the revised petition or summarizing key judgments.

Shubham Goyal
Advocate, Delhi
1038 Answers
5 Consultations

Firstly before filing the contempt petition agaisnt the RBI, you should have exhausted the remedies before RBI.

if the RBI had dismissed or not entertained your request for exempting the interest against interest during moratorium period despite you providing the sC  precedent directing the bank to not to charge interest on the interest over the borrowed amount for the period during moratorium then you could have approached supreme court with the proposed contempt petition.

Even now you should first exhaust the remedy with the RBI and then file the contempt petition if there is no proper response from RBI

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

The contempt petition should be filed by petitioner who was party to the original case 

 

2) you should not file contempt petition as it would not be entertained 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

SC judgments have binding value .court ought to have considered the prudente cited by you 

 

2) if court does not find nay substance in your submissions it can ask you to with draw or impose costs 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

Your contention is, submissions in support of you case was not heard by the  Court and now you again want to appear and argue you case. You are not refiling contempt, you are seeking review of earlier order. There is no such refiling of contempt, fresh contempt can be filed if there fresh contempt is committed. Given the  facts—warning of costs—any refiling will be viewed adversely by the  Court.

Ravi Shinde
Advocate, Hyderabad
4850 Answers
42 Consultations

- If you was not a party in the said Petition then you cannot file a contempt petition as you are not the one who affected by the judgment. 

- However, you can file a Writ petition like PIL if you have affected by the said judgment. 

- The SC can imposed fine , if you will re-file the said petition 

Mohammed Shahzad
Advocate, Delhi
15144 Answers
230 Consultations

We have advised you to contact petitioner who had filed  earlier petition to take out  contempt of court proceedings 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

You can file with co-petitioner as aforesaid 

Prashant Nayak
Advocate, Mumbai
33420 Answers
220 Consultations

1. The judgment by SC in this regard is a precedent and can by used as a base in your claim to exempt your case from the penal interest,if the RBI refused to accept your request then you could have filed a writ petition before supreme court for a direction to the RBI to accommodate your request in view of the its own judgment.If you still do not get any relief then you could have filed a contempt of court petition agaisnt the RBI for disobeying the orders of the apex court. 

2. The legal precedents are binding only if you had approached the concerned authorities for the relief based on the court precedent and not without it.

3. Yes, if your case is found not maintainable then court may give you an opportunity to withdraw the case or to face the wrath of court for filing such vexatious and frivolous cass and wasting the court's time and the court may even impose an exemplary penalty for such act. 

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

Basically you have not approached the supreme court with your problem but you filed a case civil contempt petition without showing thqt you are aggrieved due the bank not entertaining or refusing  your request to grant you the relief  to not to charge you the alleged penal interest.

It was not even a public interest litigation hence the relief sought by you clearly indicates that you were not the aggrieved party neither you projected before the apex court with documentary evidences to prove tht the RBI  did not consider your request despite the ruling of the apex court in this regard. Then also you cannot directly file the contempt petition, you should first seek the intervention of court to direct the concerned authorities to provide you the prelief on merits or as per law, and if the concerned authorities failed to obey the court order, then only yo will be eligible to file a contempt of court petition gaist the concerned authorities for the said reason. 

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

Well, since the High Court is averse to rely upon this SC decision and you have withdrawn the contempt case as well, then the better option is to file a writ petition and seek necessary direction on your reliefs. 

This would give equal result. 

Devajyoti Barman
Advocate, Kolkata
23495 Answers
529 Consultations

  1. Continuous Contempt?
    Yes, ongoing violation (continued interest-on-interest charges) can be treated as continuous contempt, allowing exemption from limitation under law.

  2. Are SC Precedents Binding?
    Yes. Past SC judgments are binding on co-equal and lower benches under Article 141. Courts must consider them unless overruled.

  3. Can Court Push for Withdrawal or Costs Quickly?
    While courts may suggest withdrawal/costs, doing so without proper hearing can be questioned—especially if valid precedents exist and were not considered.

Shubham Goyal
Advocate, Delhi
1038 Answers
5 Consultations

Whatever RBI did as alleged, HOW ARE YOU AFFECTED ?

I'm really curious to know 

What's your locus ? 

Are you are borrower who is affected by the alleged actions of RBI ? 

 

Yusuf Rampurawala
Advocate, Mumbai
7809 Answers
79 Consultations

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