high Court writ petition of mandamus under article 226
Praveen Kumar
(Querist) 17 July 2014
This query is : Resolved
Dear experts,
Please inform me as to how much time approx it takes usually for a high Court to give an order of mandamus?
Also, what is the high court's fee for a writ petition filling? And how much would be the advocate fee?
I'm planning to file a writ petition against my employer, a nationalized bank, to relieve me and to waive off the bond amount of rupees two lac that they have imposed on me for resigning.
Thanking you in anticipation.
Devajyoti Barman
(Expert) 18 July 2014
It depends on court to court and fact of case to case.
It may be one day affair or a one year episode.
I do not think in your dispute Writ petition would lie.
P. Venu
(Expert) 18 July 2014
Has the Bank refused to relieve you unless you pay the bond amount?
Sudhir Kumar, Advocate 
(Expert) 18 July 2014
Please inform me as to how much time approx it takes usually for a high Court to give an order of mandamus?
An astrologer can better tell.
Praveen Kumar
(Querist) 18 July 2014
@ p venue, yes sir, they have demanded the amount in written and said that my resignation shall be rejected if I don't pay two lac ropes.
Anirudh
(Expert) 18 July 2014
Dear Mr. Praveen Kumar,
What you entered into with the Bank is a contract. The dispute if any in regard to the terms of contract, I am afraid, cannot be challenged in a Writ jurisdiction - whether Mandamus or otherwise.
Rajendra K Goyal
(Expert) 18 July 2014
consult a local lawyer dealing in the service matters and show him the copy of Bond agreement and other related documents,
malipeddi jaggarao
(Expert) 18 July 2014
No writ lies in this matter. It is a contract and there is no infringement of any fundamental right. If you go to court, you will never get the relieving order. Whether Bank is demanding payment as per the clauses of contract or imposing this condition though there is such clause in the contract/bond? Come with full facts.
ajay sethi
(Expert) 18 July 2014
no writ is maintainable
T. Kalaiselvan, Advocate
(Expert) 18 July 2014
I agree with the opinions of experts, a writ may not lie on the given grounds. Consult a local lawyer and decide about it.
dr g balakrishnan
(Expert) 27 July 2014
Writ petition is not possible as there is a breach of contract by you;
you have caused the breach nit the bank.
bank took a bond you signed consciously it seems.
you sought waiver that is discretionary decision of the bank , court cannot give mandamus as mandamus just tells do your duty to the authority. you failed. not advisable to move any writ at all.
you have to serve the bond period or pay the agreed amount on the band unless bank condescends on its own. sorry friend, you cannot take advantage of court for your own faults. Writs would get dismissed if there is no prima facie acceptable fundamental right under Art 14.
