Court file
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
SC has decreed the case. it has been one month but the file has not reached the trail court.the trail court judge says that he will not accept the copy of the SC order for execution until the file come.in the record it shows that the file was sent to high court in the case pending in SC in 2005. My SC lawyer say without money the file will not move .for getting copies from SC files I had paid 25,000. every time i have to give him lot of money for patty matters .In SC i had paid 19 lac. I am under lot of financial constrain. I am in the dark please help.should i pay him or how to get the file?
ajay sethi
(Expert) 23 September 2011
have you filed certified copy of order of the suprem court? generally when certified copy of order is filed trial courts accept the same .
why you paid 19 lakhs? make enquires with the suprem court registry through any supreme court advocate on record .
Querist :
Anonymous
(Querist) 23 September 2011
what is the proper process for getting the file in the trail court or what is the time taken to reach the file via high court through SC. i had paid the amount in the course of fighting the case.
R.Ramachandran
(Expert) 23 September 2011
Dear Anonymous,
I do not know whether I will be justified in saying what I am going to say. But, keeping in mind the ground realities, I feel that it is better for me to say to you rather than keeping quiet.
You have been patient for all these 6 long years when the case was pending before the SC. (I am not counting the number of years that you might have spent right from the lower court).
Now, the SC has put its stamp of approval in your favour. It is just one month that has lapsed from the decision of the SC.
With your experience, you will agree that since the file has to move from SC to the trial Court via the HC concerned, it will definitely take not less than 2 to 3 months (at the maximum). It is not like posting a letter - if we post today it reaches the destination within 2-3 days. There will be lot of formalities like - whether all the trial court files are in tact etc., etc. and then making a memo and forwarding.
So, my sincere request to you would be to wait for another 2-3 months. In the meanwhile, I also would suggest to you to do the following:
1. Make an RTI Application to the Registrar of Supreme Court seeking the information about the movement of the records. Whether it has been despatched to the HC and if so when.
2. After knowing the information from the SC, you can write a similar RTI Application to the HC Concerned.
3. Then you can check up with the trial court.
Now that the matter stands decided in your favour, your anxiety should come to an end. You should go about the matter in a normal routine manner - giving time to the system. The more urgency that you will show, naturally there will be umpteen number of persons trying to take undue advantage of the situation and thereby demand unreasonable amounts from you.
As I said at the beginning, it may appear quite unreasonable on my part to expect you to spend some more time waiting for the file to reach the trial court - but you will agree - that is the system that we have currently. You have to endure it.
Shastri J.K.
(Expert) 23 September 2011
I agree with Expert.
ESTHERPRIYA
(Expert) 23 September 2011
I agree with Mr.Ramachandran.
Any how you can better engage some other person to do the work and get out of it
Querist :
Anonymous
(Querist) 23 September 2011
if the file is lost in transit what happens.
R.Ramachandran
(Expert) 23 September 2011
If the file reaches the Trial court, but before the trial court could act, if earth quake comes and the entire thing goes down the earth and gets irretrivably buried what will happen. The same will happen, in case as being anticipated by you, the file gets lost in transit.
