Dilawar
in Corporate Law
Asked September 12, 2013

alien parties opposing to adjournment application

  • 1 Answer
  • 162 Views

One fine day when Appellant was out of city to appear in person, in High Court, an adjournment was filed by Appellant through his pairokar/counsel! The said adjournment application by opposed in writing, by 2 persons; 1st one is not even a party in the appeal and 2nd, an advocate who never filed his wakalatnama in appeal; pursuant to which a coercive order was passed against the appellant which has made irreparable loss to the appellant! Does this conduct of the 2 persons opposing the appellant's application in writing and signing on the order sheet too, amount to contempt of court? I am the appellant and want to make some action against those persons! I have already filed administrative complaint against the concerned judge, on which notices have been issued to him from CJ High Court and CJI! What can be done against those 2 persons, who opposed and signed on order sheet, even though they are alien to the appeal! Please guide...

Answer 1

Default avatar
Varsha

http://www.indiankanoon.org/doc/485974/ - United Bank of India v. Satyawati Tandon

http://www.indiankanoon.org/doc/1788537/ - Union of India v. Ram Saran

Such a coercive order given by the Court is not supported by the law and you do have a strong possibility of getting recourse against it. Not only was the order against you given in response to an application by members who weren’t even a party to the suit and/or had not submitted a vakalatnama.

The fastest way to get relief in this case is to file a writ of certiorari or mandamus against the coercive order at the High Court under Article 226 of the Constitution of India. Your legal counsel could also argue that your right to equality has been grossly violated by the Judge and the Court in passing such an arbitrary and unjust order. This will not only allow you to request the High Court that the coercive order be set aside or reversed but you may also claim reliefs for any damage that you may have suffered due to the order.

You will find support in this regard with the abovementioned Supreme Court cases that deal with similar situations. Since I am not aware of the exact nature of your case and the laws involved, the particular laws in the case might differ.

 

 

Agree Comment 0 Agrees about 4 years ago

Please Login or Register to Submit Answer

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now