Time limitation
Abhra Roy
(Querist) 31 January 2016
This query is : Resolved
Bank filed a suit against us in July 2012 at DRT, after passing 15 months sometime April 2013 they wrote a letter to us to meet their higher authorities at their HQ accordingly I meet them and discussions was held before honourable ED and two DGM’s but no tangible result come out. Our compensation claim was 5.2 crores. We filed a damage suit at High court in April 2014 against the Bank, One copy of the writ of summons with plaint 11th April 2014 served upon the defendant. At the request of my advocate in the above suit, the court inform us that, the defendant has not entered appearance either in person or by advocate till June 2015
Now we are completely in dark as we are not getting any light from our lawyer what should we do next is there any hazards like time limitation factor or some other reasons to be faced by us, why we are not going ahead asking a decree x party? Please advice us what appropriate should to be done to achieve the goal in the above.
Devajyoti Barman
(Expert) 31 January 2016
1. If none on behalf of the defendant appears then the case suit have been fixed ex parte by this time.
2.So seek proper information from your lawyer. If he is evasive then take help of another lawyer.
R.K Nanda
(Expert) 01 February 2016
agree with expert.
Rajendra K Goyal
(Expert) 01 February 2016
Prey the court through your lawyer to proceed ex party if defendant is not appearing after receipt of summons.
If your lawyer is not cooperative, change him.
P. Venu
(Expert) 01 February 2016
The query lacks clarity. When the Bank filed a suit against you, how come that resulted in filing a damage suit against the Bank?
Abhra Roy
(Querist) 23 February 2016
Dear Mr. Goyal
Thanks for your comments the attitude and approach of my lawyer it seems not to favourable for us, when we ask him before six month whether you send the summon and petition to the defendant bank, he replied to us “live it the matter to me why you are so worried?” this is very very suspicious comments by my lawyer was not it? Summons and petitions served by the hon. Registrar of the High court to the bank and that was duly received by bank. We obtain a certified copy of the summon has received by the defendant bank. Pls. advice
