If there is a High Court order already and not being complied, file a contempt.
I am a petitioner creditors and having High Court order against default company for payment but the said company not made payment in schedule time but after vacation the Calcutta High Court Bench reshuffled and new Concern Judge not taking Company matter . How I can move now please suggest.
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If the order of the court is not being complied with then you need to file a contempt petition in the HC.
The contempt court has a different jurisdiction and that takes all the cases where the court order has not been complied with.
Contact a local lawyer.
Regarfs
Friend
Now you can file a contempt petition in high court. Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before being punished.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
take out contempt of court proceedings against the company for failing to comply with orders passed by HC
1. What petition is pending before the Calcutta High Court now?
2. Your lawyer shall have to mention the matter for early hearing.
3. You can file a wind up petition against the Company for not being able to pay you the said amount even against Court order and seek appointment of a receiver of the company for arranging to sell it and/or appropriate its debts from its assets/funds.
Dear Client,
Some other bench may be taking comapny matter or might be postponed company to be list before concerned bench.
Since the order is already delivered in your favor, which the company failed to complied with, File contempt petition.
Hi, you can move an application to transfer the case to appropriate court , who will hear the Petition..
You are not properly briefed.
Justice Soumen Sen is still taking company matters.
If you need my assistance to get your case heard feel free to contact.
your information is not correct.
made an application in the pending matter for confirming the winding up of the company or mention the matter before the concern bench. if the judge refused to take the matter, pressed him to pass a reasoned order to that effect.
NCLT is for administrative winding up and/or administrative dispute of the company.
the financial part is with the High Court
Are you concerned about the court or the judge
You file your petition in the registry, let the registrar decide about accepting your petition or not.
Dont believe the hearsay information.