STAY GRANTED BY HIGH COURT ADJUDICATING AUTHORITY RAISED SAME DEMAND

[gunda ashok kumar]

SIR,

HIGH COURT ALREADY HAS GRANTED STAY AND ADJUDICATING AUTHORITY HAS RAISED THE DEMAND ON WHICH HIGH COURT STAY ORDER AND PASSED ADJUDICATING ORDERS WHICH SUSTAINABLE IN THE EYES OF LAW

[Shilpi Jain]

Is the stay granted in your own matter?

[KASTURI SETHI]

If the issue is the same, the period is the same and the party is the same, it is contempt of court. It is judicial indiscipline. See the judgement of the Hon'ble Supreme Court in the case of Kamlakshi  Finance Corporation Ltd.  

UNION OF INDIA Versus KAMLAKSHI FINANCE CORPORATION LTD. - 1991 (9) TMI 72 - SUPREME COURT

[Padmanathan KV]

The information is insufficient to give any comments. Kindly elaborate the whole issue.

[KASTURI SETHI]

It appears that the querist is indifferent towards the query.

AI Summary

High Court Stay Ignored? Concerns Raised Over Demand Issued by Adjudicating Authority, Potential Contempt of Court Cited. A query was raised regarding a situation where a High Court granted a stay on a demand, yet the adjudicating authority issued the same demand, raising concerns about the legality of such actions. One respondent questioned whether the stay was related to the querist's own case. Another highlighted that if the issue, period, and parties are identical, it could constitute contempt of court and judicial indiscipline, referencing a Supreme Court case. A third respondent found the information insufficient for further comment, while a fourth noted the querist's apparent indifference.