Cheque bounce case- refusal to give noc by my advocate for changing advocate
JAWAHAR JOSHUA
(Querist) 26 October 2012
This query is : Resolved
Dear Legal Experts,
I filed a Cheque bounce case against a person who duped me to the tune of Rs4.88 lakhs stating that -he can arrange funds to construct buildings for our school.Since he failed to arrange any funds even after 3 years AND since he also refused to return my money , i filed a case under Sec.138 through a lawyer in chennai.
But i want to change my lawyer for the following reasons.
1. He filed the case in a court which does not have jurisdication over our case. He filed the case on 23/09/2011 in this court and after nearly 6 months, this case was Transfered to another court by the judge. So, he filed the case WITHOUT EVEN KNOWING THE JURISDICATION OF THE COURT and ultimately 6 months were wasted.
2. He filed the case with a delay of 8 days and hence we had to appeal for CONDONATION OF DELAY.
3. While filing petition for Condonation of Delay, my Advocate quoted a wrong section. i.e He quoted Sec.151 Crpc for condonation of delay and the Judge chided him for quoting a wrong section and also for asking the judge to tell him the correct section.( Later, other Advocates said – the correct section is sec.142(b)
4. On many occassions, he failed to comply with the court procedures and formalities- for example, when the judge asked my Advocate to Submit the original documents pertaining to the case- he simply gave the documents in a STICK FILE to the judge AND the judge got angry saying this is not the proper way to submit Documents to a court.T hen, I myself asked other Advocate friends who were present in the court and Stiched the documents in a Green sheet and wrote Document no:1, etc and submitted in the court.
Many such incidents and misdeeds of my Advocate made me to take a decision to change my ADVOCATE, as i felt that my case may be lost on Technical grounds. I have paid all the fees to my Advocat promptly and then there.
When i asked my Advocate to give NOC and COSENT to change the Advocate for the abovementioned reasons, he started abusing me and said i must give him ONE LAKH to get NOC.Since i am not willing and also not in a position to give this big amount- and this was never agreed or discussed at any point of time, My ADVOCATE IS NOT GIVING NOC & CONSENT to change of ADVOCATE.
Kindly let me know what to do and how to get cosent in the VAKKALAT?
Is it proper on the part of an Advocate to harass litigants like this ?
Is it justifiable on the part of a Advocate to cause mental agony to his clients?
By the way, I am residing in Chennai and I have filed the case in a Fast Tract court in CHENNAI.
Dear experts, kindly help me to resolve this issue which is causing a serious mental agony to me. Many thanks in Advance.
V R SHROFF
(Expert) 26 October 2012
You complaint to BAR COUNCIL .
Devajyoti Barman
(Expert) 26 October 2012
Eagage a new advocate and bring the dispute to the notice of the court while appointing the new advocate.
You can also lodge complaint with Bar Council.
R.K Nanda
(Expert) 27 October 2012
pray to court to issue court notice to
lawyer to appear in court on next date to withdraw his vakalat.
JAWAHAR JOSHUA
(Querist) 27 October 2012
Dear Legal Experts,
Thanks very much for your valuable suggestions. I had to appear in the court on 25/10/2012 for the abovementioned case and when i went to the court with my New Lawyer- the judge posted the case on 05/11/2012 and asked my New lawywer to File change of VAKKALAT on that day without fail.
When i told my old lawyer that i will complaint to the Bar Council, if NOC is not given- He shouted saying " you give complaint to the Judge or Bar Council or even to the President of India and nobody can do me anything as i am a lawyer- and shouted at me using words like- Get out, you (i.e-myself) are a mental, come with your family members to get NOC".
I am unable to understand why he is so violent, aggressive and abusive. Kindly suggest me ways to resolve this issue.
Many thanks in advance
V R SHROFF
(Expert) 27 October 2012
So a rt case for BC
ajay sethi
(Expert) 27 October 2012
have you paid his fees? if you ahve settled all his bills lawyer cannot refuse to give NOC . even if you have not settled his bills still he cnanot refuse .
complain to bar council against said advocate
JAWAHAR JOSHUA
(Querist) 27 October 2012
Dear Ajay Sethi sir,
I have paid all the fees demanded by him well in advance and also then & there when he appeared in the court for my case.This morning when i met him again, he says " you have received lot of money from somebody. so, give me ONE LAKH TO GET NOC or do whatever you can" ( In fact, i have not received any money from anybody and i am fighting this case by availing PF LOAN from my office.) He is very arrogant, abusive and threatens me in foul language.
His words and actions are causing me a lot of mental agony as i have to submit change of vakkalat in the court on 5/11/2012.I think only GOD alone can save me from this Advocate.
Devajyoti Barman
(Expert) 27 October 2012
You are already advised enough on this subject.
Now either act on these advises or suffer.
ajay sethi
(Expert) 27 October 2012
you can inform the court that lawyer is refusing to give NOc . send letter by regd Post AD to lawyer . also inform court that you have lodged complaint with the bar council . enclose copy of complaint made to bar council .
court will permit you to engage another advocate
V R SHROFF
(Expert) 27 October 2012
"I think only GOD alone can save me from this Advocate."
IT IS NOT CORRECT.
U ACT , AND immediately the Advocate will be out.
U hv right to choose as well as change ur Advocate.
