Continuous harassament in mact
B Swain
(Querist) 21 September 2016
This query is : Resolved
Being a new to this forum, I may please be excused for missing proper salutations in any. However, need urgent advise.
I lost my father in a road accident in 2010 and its been 6 years, we have no information regarding the MACT case and thanks to my lawyer, who has been hiding the facts and has been incommunicado despite repeated requests.
As on date, as advised by my new lawyer, I have been applying for Certified copies of the case for 6 times now. Yet there is no information that is coming through, not even rejection.
We know that the file is lying in 2nd MACT record room. However the clerk has been hiding the same from us.
On 30/08/2016, I applied for a search petition, the judge got the file but asked me to come through my lawyer instead and didn't share the same to us.
Under the circumstances, I approached the 2nd MACT once again today, 21/09/2016, requesting a certified copy of the case file.
However, the clerk just did not accept the application stating that case file cannot be given.
Hence considering that we are held up with no information, please advise:
1. How does one apply for a copy of the case file (We need this as we don't have any documents that we produce before the court).
2. Does the judge of a court do the gatekeeping for applications regarding copies of disposed off cases.
3. Would it be correct to write to the registrar general of Odisha Highcourt, requesting to take cognizance of the suffering we are into. or should we write directly to the Hon. Chief Justice?
Please note that I am requesting your opinions as no lawyers that I have approached are interested in taking up this, despite being friend of my late father. Whereas my current lawyer pleads his inability to fight in High courts.
Hence please help to with your suggestions to at-least secure the case files which the 2nd MACT has been consistently blocking.
Best regards.
Raj Kumar Makkad
(Expert) 21 September 2016
1. Why don''t you take the help of your lawyer especially when judge had called your lawyer? Your lawyer shall be able to apply and get its certified copy.
2. No but definitely he has supervisory powers. If you are still facing the problem, bring this issue in writing to Sessions Judge of your District.
3. Yes, it can be.
There is no requirement to contest the case as on day without having any clue of your case and request to registrar general of high court can be made directly by you by post.
B Swain
(Querist) 21 September 2016
Sir,
Thank you for your guidance. However, as for your question about my lawyer doing it, well, as per his information, he has been threatened by my ex-lawyer for taking up my case( despite giving NOC to the effect). Hence now its all over me to find out ways to a proper closure.
Raj Kumar Makkad
(Expert) 22 September 2016
It seems something wrong with you. Better to contact any clerk of any lawyer and get the work done through him. He can get the work done by hook or crook. Once you get the copy of judgment/award, everything shall become open.
Rajendra K Goyal
(Expert) 22 September 2016
Well advised, agree with expert raj kumar makkad.
Guest
(Expert) 22 September 2016
First take in good note and try to understand what is good intention of judge etc.
When someone dies within 3 months of his death legal heirs should be taken on record else suit gets abated. 2 month you have opportunity to set aside abatement. After that you have to delay condolences application explaining why for so long you could not take legal heirs on record. If you fail to convenience Court case gets abated (end) and you can not bring same case on same cause of action. In mean time any application you do can be fatal.
This is like situation where patient is ICU or life support and such technical point dismissal is beyond imagination of common man that doors of Justice will be closed to him for ever in this matter
Judge is trying to give some opportunity so you can come with experience senior adv who can give life to dying dispute.
Under circumstances I would recommend get good advocate who can get delay of 6 years condoned , in 3 months you should be on record. Case is in difficult situation and fairly tough on technical point
Guest
(Expert) 22 September 2016
I made severe mistake took MAT interpretation for MACT.
Sorry kindly ignore all what I posted
Guest
(Expert) 22 September 2016
Since MAT matter went under me I thought it was MAT . MACT I don't have experience nor studied properly forgive me
B Swain
(Querist) 22 September 2016
Dear All Experts,
Thank you for the advise. today I did approached the persons as advised. Found that it was the ex lawyer who is blocking the file. At least that is what the clerk claimed. So requested a Govt. Advocate for help and the file appears. Really interesting situation. He is perusing the file and will let me know the status this evening. I am hoping for the best. Fingers crossed.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 September 2016
It is marely my suggestion that you approach concerned COURT clerk n request him if he can trace record, and then go as per proper channel for getting records as suggested by above experts. This will save your time n money.
Raj Kumar Makkad
(Expert) 23 September 2016
You can even update the status of your case so as to obtain further assistance.
