Standing counsel has not put up vakalath
Ramkrishna
(Querist) 09 March 2013
This query is : Resolved
Sir,
When an encroachment was being made in the set back area of our apartments, I complained to the corporation and they issued a notice to the encroacher.
As the construction was going on I approached the High Court and got a stay of construction.
Even then as the construction was still carried I filed a contempt case against the encroacher and the corporation for not carrying out the orders of the High Court.
Latter the encroacher got a stay order against the corporation from demolishing the encroached area, which was subsequently dismissed by the Junior civil Judge.
The encroacher approached the Addl, Chief Judge against the dismisal of the order.
The Addl. Chief judge also dismissed their CMA on the same grounds of the Junior Civil Judge.
Then the encroacher approache the High Court and obtaine a status quo against the corporation in a CRP, this was in 2011, the case has been posted but untill today the Standing Counsel has not put up with a vakalath.
When I bought this to the notice of the Deputy Commissioner of the corporation, he said that they have already given the para wise remarks to the standing counsel.
Now what happens when the case comes up for hearing as the Standing Counsel has not put up with Vakalath.
Devajyoti Barman
(Expert) 10 March 2013
This is a minor irregularity.
In any eventuality the counsel would file vakalat on the date of hearing.
You better fix date for hearing of the case asap.
ajay sethi
(Expert) 10 March 2013
in many cases undertaking is given by lawyer that he shall file vaklatnma on next date . court accepts the undertaking
Raj Kumar Makkad
(Expert) 10 March 2013
You should not become dependent over the corporation and its standing counsel rather should also become a party to the ongoing petition and should strongly put up the case before the High Court.
