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Procedure in case the other party is not executing the court order
17-Oct-2023 (In Civil Law)
It is a suit for redemption of mortgage. High court directed the mortgagor to redeem the mortgage and to execute a discharge deed within 30 days from the date of order. The mortgagee was directed to pay to mortgagor Rs.60,000/-. The mortgagee sent cheque for rs.60,000/- along with covering letter informing the mortgagor to execute discharge deed. The postman went 12 times to serve the letter, but in vain. Whether civil contempt petition can be filed for non-compliance of High court order.
Yes when there is a direction in the order is specific then it should be obeyed. In your problem you not mention the date of the order. Any way if there is date given by the Hon'ble High court is expired to comply the order, then you can proceed by filing the contempt petition. Before that you should send a contempt notice to the other side.
Here mortgage had some what complied the direction by sending the cheque to the mortagaer. The reason why post man failed to serve the notice is not written. If the other person intentionally refused to receive the norice then it amount to disobedience of the order. Then you can proceed.
Here mortgage had some what complied the direction by sending the cheque to the mortagaer. The reason why post man failed to serve the notice is not written. If the other person intentionally refused to receive the norice then it amount to disobedience of the order. Then you can proceed.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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1.Mortgagee has done his duty and complied directions by issuing cheque showing bona-fide redemption he had sought..
2. Post Man has gone to place 12 times..but failed to deliver.
3. If the address sent was on purposefully wrong. .then liable fr vindictive behavior and amount to criminal contemptuous act.
4. If bona-fide non availability of correct address then it's non contempt as there was no intension to disobey. .
Kanavi
2. Post Man has gone to place 12 times..but failed to deliver.
3. If the address sent was on purposefully wrong. .then liable fr vindictive behavior and amount to criminal contemptuous act.
4. If bona-fide non availability of correct address then it's non contempt as there was no intension to disobey. .
Kanavi
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Adv. Rajashekhar Kanavi
Bangalore | 25+ Answers
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