Writ
Singh
(Querist) 27 August 2013
This query is : Resolved
Hi,
I have taken a loan from cooperatives societies and could not paid due to financial crisis. Exparte award has passed against me long time back and society had applied for execution under cooperative societies act along with delhi ccoperative societies rule. I have taken loan of 40000 in year 2005 and in award passed in year 2009 where society claimed 41000 as principal amount 26000 as penal interest total of 67000 and now society is claiming more than 1 lac as the award has been passed in 2009 and 2013 is running. I want to settle but society doesnot want to give any relaxation. I dun have so much funds to settle the amount so Can I go under writ to Delhi High court or DCT as all proceedings are exparte and now warrants have been issued.Please tell me the gud lawyer for the same and expenses to file writ.
Raj Kumar Makkad
(Expert) 27 August 2013
All lawyers are good and expenses are negotiable.
You can either file an application under 9 rule 13 of CPC before the same court seeking setting aside the ex-parte decree or can file an appeal thereto.
It is is advisable to settle the issue with some negotiation otherwise it shall only enhance economic burden over you. Litigation is also not cheap these days.
Rajendra K Goyal
(Expert) 28 August 2013
High Court process may cost more than the liability. Try to settle the matter amicably.
Sudhir Kumar, Advocate
(Expert) 28 August 2013
even if you hide the facts the query speaks for itself.
There was litigation when you were not ready to settle. when other party has invested in litigation then why should now they give you any concession when the battle stands won by them.
ex-parte means you have not even defended the case so what can you expect from high court. non-defending respondent after losing cannot reduce high court to a trial court.
Guest
(Expert) 28 August 2013
Interest on outstanding amount would continue to grow day after day. So, do whatever you feel only after weighing pros & cons of your actions. In fact, there was not a single default on your part, but you lost several opportunities to defend your case.
Initially, when you aere required to contest your case with full force, you remained totally silent and inactive resulting in to ex-parte award against you. You did not contest the case in the arbitration proceedings, you did not challenge arbitrator's award within permissible time, you did not also tried to respond to summons of the court to contest the case due to which, as per your own statement, warrants against you have been issued.
You have not stated, which court has issued warrant against you and what was the nature of case filed by whom or for not responding to summons in case of execution of award in any court of law. Now probably your case may also have to face the embargo of limitation provisions, if you try file some writ, etc.
So, it would be better for you to consult some local expert by showing your papers to him for examination and analyse your case and to guide you for further course of action.
