Contempt Petition under Section 12 of the Contempt of Courts Act, 1972 filed before the Hon'ble High Court

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus 

_______________                                                ...Respondents

INDEX

New Delhi

Date:                                                                              Petitioners

                                                           Through 

 Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

______________                                                ...Respondents 

NOTICE OF MOTION

To,

The Counsel

-------------

New Delhi

Respected Sir/Madam

Kindly take the copy of the Civil Contempt Petition alongwith its annexure and the applications.  This case is likely to come up before the court on ___________. Kindly be present at the time of the hearing of this petition.  This is for your kind information and necessary action.

                                         Thanking You,

                                                                        (ADVOCATE)

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

 _______________                                                ...Respondents 

URGENT APPLICATION

To

The Registrar

_____________

New Delhi

Sir,

The above stated Civil Contempt Petition may kindly be listed urgently for hearing before this Hon’ble Court. The reason for urgency being that the respondents have been in contempt of order dated _______ passed by this Hon’ble Court. 

Filed by:

New Delhi

Dated:

____________

Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus 

_______________                                                ...Respondents

MEMO OF PARTIES 

1.   ____________

S/o

R/o                                                             …Petitioner No. 1

2.   ____________

S/o

R/o                                                            …Petitioner No.2

VERSUS

1.    

             1. _______                                                  …Respondent No. 1

New Delhi

Date:                                                                   Petitioners                                            Through

Advocate

SYNOPSIS

               The petitioners are filing the present contempt petition for the willful and deliberate violation of order dated _______passed by this Hon’ble Court in W.P.(C) ______which was preferred by the petitioners herein.

               The operative part of dated order dated ______passed by this Hon’ble Court in W.P.(C) ______is reproduced as under :-

“----------------------------------------------”

                 Hence, by virtue of the aforesaid order, the petitioners duly complied by the ______________. Therefore, the respondents were bound to comply with the aforesaid direction in letter and spirit and ought to have expeditiously dealt with the said issue. However, till date no action has been taken by respondents with regards to the directions of this Hon’ble Court.

                 The petitioners have made repeated requests to the respondents intimating the aforesaid order dated _______passed by this Hon’ble Court. However, the respondents have failed to comply with the aforesaid orders and have failed to take any action in pursuance thereto. The respondents were duty bound to comply with the aforementioned directions passed by this Hon’ble Court which they have deliberately and willfully ignored and the same amounts to contempt of court.  Hence, the present petition.

LIST OF DATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

 ______________                                                ...Respondents

A PETITION UNDER SECTION 12 OF THE CONTEMPT OF THE COURTS ACT, 1972 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA SEEKING INITIATION OF CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS FOR CONTEMPT OF ORDER DATED ---------.

Most Respectfully Showeth:

1.    That the petitioners are law-abiding citizens of India and have been compelled and constrained to file the present petition seeking initiation of contempt proceedings against the respondents in accordance with law for wilful disobedience of the order dated ------------ passed by this Hon’ble Court in W.P.(C) ----------- which was preferred by the petitioners herein. The copy of the order dated --------- passed by this Hon’ble Court in W.P.(C) --------- is enclosed herewith as Annexure P/1.

2.    That brief facts of the case are as follows :

A.   That the respondents-----------------------------. 

B.    That the petitioners, upon being aggrieved by the actions of respondent------------------filed the writ petition i.e. W.P.(Civil) No. ---------- before this Hon’ble Court.

C.    That this Hon’ble Court vide order dated ------------, directed the respondents to---------------------.

D.   That the petitioners submitted their representation dated --------- to the-----------. The copy of the representations dated _______ is enclosed herewith as Annexure P/5(Colly).

E. That this Hon’ble Court vide order dated _____ disposed off the WP(Civil) No. _______. The copy of the order dated _______passed by this Hon’ble Court is enclosed herewith as Annexure P/6.

F.    That the--------------------------. Hence, the present contempt petition.

3.    That it is apparent that the respondents have failed to comply with the directions issued by this Hon’ble Court without any justification.

4.    That in view of the aforesaid directions passed by the Hon’ble High Court,-------------------------------. However, there has been no response from the respondents.

5.    That the petitioners are losing their valuable time----------------------------.

6.    That the respondents are guilty of committing contempt of court by willful breach and disobedience of the order dated --------- passed in W.P.(C) ----------- and hence, ought to be punished for the same.

7.    That it is a matter of grave concern that despite the specific order passed by Hon’ble High Court and despite the matter having been communicated to the respondents, they have failed to take any action in pursuance thereto and have failed to consider the aforesaid representations of the petitioners expeditiously. The same shows utter indifference on part of the officials and amounts to contempt of Hon’ble Court.

8.    That the respondent no. 1---------------------,. The respondent are responsible for compliance of the directions passed by this Hon’ble Court.

9.    That the petitioner has not filed any other contempt petition in respect of the order dated -------------passed in W.P.(C) --------------before this Hon’ble Court or before any other court.  

PRAYER

It is, therefore, most respectfully submitted that this Hon’ble Court may kindly be pleased to:

(a)           Initiate contempt proceedings against the respondents/ contemnor for willfully and deliberately disobeying the order dated ------------passed in W.P.(C) -----------by this Hon’ble Court, in accordance with law, in the interest of justice.

(b)          Direct the respondents to comply with the order dated ---------------passed in W.P.(C) ------------by this Hon’ble Court.

(c)           Award the cost of the present petition to the petitioner.

(d)          Pass any other order/orders which this Hon’ble Court may be pleased in the facts & circumstances of the case.

Petitioners

through

New Delhi

Dated:

Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

 _______________                                                ...Respondents

AFFIDAVIT

I, ------------------S/o-------------, R/o--------, aged about___, do hereby solemnly affirm and state on oath as under:

1.    I say that I am the petitioner no.1 in the captioned case and am well versed with the facts & circumstances of the case and competent therefore to depose the present affidavit.

2.    I say that the accompanying petition has been drafted by my counsel upon my instructions contents of which are true & correct to my knowledge and the same may be read as part & parcel of this affidavit as the same are not repeated herein for the sake of brevity.

3.    I say that the annexures are true copies of their respective originals.

Deponent

VERIFICATION:

Verified at New Delhi on this _____ day of ------- that the contents of the above affidavit are true & correct to the best of my knowledge and belief.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

 _______________                                                ...Respondents

AFFIDAVIT

I, -------------S/o------------, R/o ------------presently at New Delhi, aged about___do hereby solemnly affirm and state on oath as under:

1.         I say that I am the petitioner no.2 in the captioned case and am well versed with the facts & circumstances of the case and competent therefore to depose the present affidavit.

2.         I say that the accompanying petition has been drafted by my counsel upon my instructions contents of which are true & correct to my knowledge and the same may be read as part & parcel of this affidavit as the same are not repeated herein for the sake of brevity.

3.         I say that the annexures are true copies of their respective originals.

Deponent

VERIFICATION:

Verified at New Delhi on this _____ day of ------- that the contents of the above affidavit are true & correct to the best of my knowledge and belief.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

 ______________                                                ...Respondents

AN APPLICATION UNDER SEC. 151 C.P.C SEEKING EXEMPTION FROM FILING CERTIFIED/ ORIGINAL/FAIR TYPED COPIES OF THE ANNEXURES.

Most Respectfully Showeth:

1. That the petitioners have filed the accompanying petition Under Section 12 of The Contempt of Court Act. 1972 R/W article 215 of the Constitution of India seeking initiation of the contempt of order dated-------. That the contents of the said petition may kindly be read as part and parcel of the present application and the same are not being repeated herein for the sake of brevity.

2.   That it is submitted that and in view of the urgency of the matter and paucity of time, the petitioner could not get the fair typed/original/certified copies of all the annexures with the required margins prepared in time.

3.    That it is submitted that the petitioner undertake to file the same as and when directed by this Hon’ble court.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to exempt the petitioner from filing the certified/ original/ fair typed copies of annexures with required margins and in double-space, in the interest of justice, in the facts and circumstances of the case. 

New Delhi

Date:                                          

                                                                            Petitioners

                                                   Through

              Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

 _______________                                                ...Respondents

AFFIDAVIT

I, -------------S/o----------, R/o------------, aged about___, do hereby solemnly affirm and state on oath as under, do hereby solemnly affirm and state on oath as under:

1)    That I am the petitioner no.1 in the above mentioned petition and as such well conversant with the facts of the case and thus competent to depose the present affidavit. 

2)    That the accompanying application has been drafted by the counsel as per my instructions and has been read over and explained to me in vernacular and the same is correct to the best of my knowledge.

3)    That the contents of the application may kindly be read as part and parcel of the present affidavit and the same are not being repeated here for the sake of brevity.

Deponent

Verification

Verified at New Delhi on this    day of------ that the contents of the above writ petition are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS. (C) No. __________ of 20__ 

IN THE MATTER OF:

____________                                                          ...Petitioners

Versus

 _______________                                                ...Respondents 

AFFIDAVIT

I, ----------S/o----------, R/o ------presently at New Delhi, aged about___, do hereby solemnly affirm and state on oath as under, do hereby solemnly affirm and state on oath as under:

1.  That I am the petitioner no.2 in the above mentioned petition and as such well conversant with the facts of the case and thus competent to depose the present affidavit. 

2. That the accompanying application has been drafted by the counsel as per my instructions and has been read over and explained to me in vernacular and the same is correct to the best of my knowledge.

3.  That the contents of the application may kindly be read as part and parcel of the present affidavit and the same are not being repeated here for the sake of brevity.

Deponent

Verification

Verified at New Delhi on this    day of --------- that the contents of the above writ petition are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

Deponent