How many days does an order follow after SLP is dismissed
22-Mar-2023 (In Labour & Service Law)
Sir, I want to know that in how many days an order should be followed if SLP in Supreme court has been dismissed and Highcourt's decision was given more then 3 months ago (28th Nov 2017).
If the decision of the HC does not specify any time period for complying with the order- then three months as in your case shall be deemed to be a reasonble period to comply with the same.
I would suggest you to go ahead with filing the contempt petition at the earliest- to secure strict compliance.
I would suggest you to go ahead with filing the contempt petition at the earliest- to secure strict compliance.
It is not clear that How many days granted by the Hon'ble High Court to comply it's order. If the S.L.P. dissmissed by the Hon'ble Supreme Court without granting any further time, the time period count from the date of order passed by Hon'ble High Court, If the order not followed by the opposite parties within the stipulated period. You may send a reminder immediate and after that opposite parties not intended to follow the order you can file contempt petition before Hon'ble High Court. The maximum time limit for filing contempt petition is one year from the date of order passed by Hon'ble High Court.
The date of High Court's order is valid from the day it is given, merely filing of an SLP does not gives the other party a reason not to follow the order. Till the Supreme Court orders "Stay" of the order of High Court, it remains dictum. Now, in your case as the SLP has been dismissed, the other party ought to have complied with the order of High Court as soon as possible or as provided in the order. Otherwise, you may file a Contempt Petition before High Court seeking compliance of the order by the other party.
Order must be implemented immediately after pronouncement until there is no start order from superior court. If such order is not implemented then you should move to the court concerned which had passed the order by way of filing a contempt application . Better suggestion may be given after perusal of documents.
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