Chennai | 16 Aug, 2022 (3 months, 3 weeks ago)

Employment and Labour Laws

appeal after contempt of court

Sir, i filled writ petition at high court against the government sector in recruitment issue and court was ordered (to issue the appointment order with in 4 weeks from the date of receipt of this copy of the order) in favor of me on 11.04.2022. the order of the court wasn't obeyed by the respondent, after crossing the stipulated time period in filled a contempt of court. now the respondent has filled an appeal against the court order. in this scenario kindly clarify the followings please 1. time period for the appeal in this case is 30 days can we object the appeal as delayed petition. 2. what will be decided for the contempt of court, is it rejected or taking it as our favor. 3. can respondent file an appeal before the division bench after the contempt of court proceeding started. 4. uses of caveat in this scenario
Answers
17 Aug, 2022 | 12:13

Sir, I'll provide you certain legal suggestions, but for that i need to ask certain questions from you. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


17 Aug, 2022 | 10:52

Answers to your query is as follows:
1. Yes, you can object. The Govt would have moved a condonation of delay application along with the appeal. You can contest that application.
2. Contempt maybe kept pending. If the delay is condoned by the division bench, then the contempt will be kept pending. However, if the delay is not condoned, then you can press for the contempt application.
3. Yes. filing an appeal is a right given to any party.
4. If they have already filed then no point of caveat. However, if the appeal is yet to be filed, then definitely file caveat as they can press for stay of the judgment and order passed by the single bench, so by filing caveat, you will get an opportunity to defend your case against stay.

For further assistance, kindly contact me at shradhaagrawal@vplegal.in


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