Cat Application reply





BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI



Contempt Petition No.:______ of 2004 in O. A. No: ______



Petitioner/Applicant

Versus



Respondents/Condemner



Civil Contempt Petition under Section 17 of the Administrative Tribunals Act, 1985 read with Rules 18 of the Central Administrative Tribunals (Contempt of Court Rules) 1986 and Section 12 of the Contempt of Courts Act, 1971 for punishing the condemners/respondents for having willfully and deliberately disobeyed and not complied with the orders/directions passed by this Hon'ble Tribunal Chennai

Applicant

______

Through, Advocate

Respectfully Sheweth:

1. That the petitioner filed an OA No. ___ titled as ______Vs ______ before this Hon'ble Tribunal and this Hon'ble Tribunal was pleased to pass the orders on __ (Annexure C-1) directing the respondents ______.

2. That it is apparent from the above directions passed by this Hon'ble Tribunal that the order was comprehensive, unambiguous and clear in directing the respondents/condemners to ______

3. That the above orders of this Hon'ble Tribunal were personally served by the applicant on the condemner on ______. Service of the above orders were complete on the condemners. Despite this the condemner has not ______.

4. That it is evident from the foregoing that in this way the condemner has committed contempt of this Hon'ble Tribunal for which the condemner deserves to be punished severely in accordance with the law in the interest of justice.

5. That the condemner has purposely, willfully and knowingly disobeyed the sacrosanct orders of this Hon'ble Tribunal, thereby have conducted himself in the most reprehensible and unbecoming manner showing scant regard to the orders of this Hon'ble Tribunal which conduct on the part pf the condemner is palpably, manifestly and gravely contumacious and makes the condemner liable to be dealt with in accordance with the law and punished severely for willfully, deliberately and intentionally flouting, defying and disobeying the supreme authority of this Hon'ble Tribunal.

6. That it is apparent from the material placed on record that no iota of doubt is left regarding the condemners having scant regard and utter disregard to the sacrosanct orders of this Hon'ble Tribunal, and the condemner is prima facie guilty of the contempt of the Tribunal for having deliberately and willfully disobeyed the orders of this Hon'ble Tribunal and the condemner deserves to be dealt with and punished in accordance with the law as by such unbecoming act of the condemner, the condemner has tended to lower the authority of this Hon'ble Tribunal and tended to interfere with the due process of the judicial proceedings and administration of justice.

7. That interest of justice demands that the condemner is dealt with and punished severely in accordance with law for the willful, deliberate and intentional disobedience of the orders of this Hon'ble Tribunal.

8. It is, therefore, most respectfully prayed that My Lords be pleased to punish the condemner in accordance with law and direct the condemner to comply with the orders of this Hon'ble Tribunal dated __ immediately __ in the interest of justice. Such other orders be also passed in favour of the petitioner as deemed fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY.

Chennai Applicant

______ Through, Advocate

BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI



Contempt Petition No.: _______ of 2004 in O. A. No:_______



Applicant

Versus



Respondents

Affidavit in support of contempt petition



I, _______, do hereby solemnly affirm and declare as under: -

1. That the accompanying contempt petition has been prepared under my instructions.

2. That the contents of paras 1 to __ of the contempt petition are correct and true to the best of my knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein.

Affirmed at Chennai this the _______.

Deponent

FORM NO. III



(See Rule 13 (b) (i)



CHARGE

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI



Contempt Petition (Civ/Cr) No.: _______of 2004 in OA No. :_______



Petitioner

Versus



Respondents/Condemners

Central Administrative Tribunal, _______ Bench, hereby charges you _______as under:-



That you, on_______, and thereby committed the contempt of this Tribunal punishable under Section 17 of Administrative Tribunal Act 1985, within our cognizance.

You are hereby directed to be tried by this Tribunal for the aforesaid charge.

(Signature of the Hon’ble Member)

The charge was read over and explained to the alleged condemner and his plea was recorded as under:-

Condemner No. 1:

1. Do you plead guilty to the charge?

Answer:

2. Do you have anything else to say?

Answer:

Signature of the alleged Condemner

Signature of the Hon’ble Member/s Presiding over The Bench

Condemner No. 2:

1. Do you plead guilty to the charge?

Answer:

2. Do you have anything else to say?

nswer:

Signature of the alleged Condemner

Signature of the Hon’ble Member/s Presiding over The Bench

BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL TN AT CHENNAI



Contempt Petition No: ______of 2004 in OA No.: :______



Petitioner

VERSUS



Respondents

KNOW ALL TO whom these presents shall come that I/We _______ the above named PETITIONER do hereby appoint: - ___________ to be the advocate for the PETITIONER in the above mentioned case, to be all following acts, deeds and things or any of them that is to say:

1. To act, appear and plead in the above mentioned case in this Court or any Court in which the same may be tried or heard in the first instance or in Appeal or Letters Patent Appeal or Review or Revision or execution or in any other stage of its progress until its final decision.

2. To present Complaints, Pleadings, O.A., M. A. Appeals, Letters Patent Appeals, Petitions for Appeal to High Court/Supreme Court, Cross-objections or Petition for execution, review, revision withdrawal compromise or other petitions or affidavit or other documents as may be deemed necessary or advisable for the prosecution of the said case in all it's stages.

3. To withdraw or compromise the said case or submit to arbitration any difference or disputes that shall arise touching or in any manner relating to the said cause.

4. To receive moneys and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in course of the prosecution of the said case.

5. To employ and instruct any other Legal Practitioner authorizing him to exercise the powers and authorities hereby conferred on the Advocate whenever he may think fit to do so.

AND I/We hereby agree to ratify whatever the advocate or his substitute shall do in the premises.

AND I/We hereby agree not to hold the advocate or his substitute responsible for the result of the said cause in consequence of his absence from the court when the said cause is called up for hearing.

AND I/We hereby agree that in the event of the whole or any part of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said cause until the same is paid.

IN WITNESS WHEREOF I/We here up to set my/our hands to these presents the contents of which have been explained to me/us and understood by me/us the :______

Accepted

Advocate Client