I was working with Kerala based gold loan company and had invested Rs.10.00 lakhs in this company to get higher rate of interest and there was pressure on me to mobilise deposit(Company call it as NCD 's)
Due to an unfortunate event I was placed under suspension for which company did not inform in writing.Company filed a police complaint against me.In the meantime,they did not take any objection when I withdrew Rs.8.00 lakhs NCD 's.Due to not getting the bail there is a arrest warrant against me
Subsequently I recieved summons from civil court that company has filed a case against me to recover Rs.7.50 lakhs invoking my indemnity and surety bond.My wife is also made party to this suit.Company also wants to attach NCD 's aggregating Rs.2.00 lakhs and stating that I am making hectic effeorts to withdraw this money.
I gave this case to a lawyer who is known to me.In the plaint attached to the summons there were 15 points raised by company's advocate.My advocate told me to write my own reply to all these points as per my knowledge.I gave my pointwise replies to my Lawyer along with whatever documentary evidences in my possession
After some time Lawyer told that my case is referred to mediation centre.I went to Mediation centre 2-3 times but cmy lawyer or company representative did not attend for conciliation.In the next meeting,I attended the meeting in the presence of Mediator and company representative.In the meeting I had offered to pay 1/4 of amount as 3 other persons are also accountable for the loss.But,in the subsequent meeting,it was informed to me that my proposal is rejected.In a meeting in the mediation centre on 02.03.2013,I told my lawyer that I am willing to pay Rs.375000 as there is accused no.2 who has also given surety and indemnity bond to the company.But,my lawyer told in the meeting that I am willing to pay Rs.3.00 lakhs.Company officials told that they have not initiated any mediation it is my lawyer who is initiating this and told that they have to consult the company's top officials.Subsequently,I did not hear anything from my lawyer
On 27.03.2013,my lawyer called me in his office and humiliated me stating that I did not attend mediation centre on 26.03.2013.In fact,he did not inform me earlier that meeting was fixed on 26.03.2013.He told me that Director of Mediation centre telephoned him and told him to withdraw himself from this case as I did not attend the meeting.Further,my lawyer talked in favor of gold loan company.He said,if I take a bicycle from a cycle shop on hire basis,if the cycle is stolen from me,I am required to compensate the clycle owner and cannot say that cycle is stolen.He further told that my case is very weak,it is money suit and there is government ordinance that money suit must be disposed off immdtly and I may have to pay entire court fee,costs,interest on Rs.7.50 lakhs and Rs.7.50 lakhs suit amount.He further told that I was in the employment of the company,money belonging to the company is lost in my hands and hence I am required to make good the loss.In between he was repeatedly telling that he is high court advocate but this is civil court case by which he was trying to convey me that it is his below dignity to handle my case.Finally he told that I am required to attend Mediatiobn centre on 06.04.2013 and settle this case through mediation centre or else he will withdraw from this case.When I brought to his notice various positive points available in this case,he started arguing with me and silenced me.Instead of arguing in the court,he was arguing with his own client.Instead of fighting this case,he has acted like a judge and already given his verdict.He further added that this gold loan company has goondas .I did not get him when he told this to me and I don't know whether he was threating me that company goondas will harm me or he is scared of goondas of company
My question here is,can the Director of Mediation Centre instruct my lawyer to withdraw from this case just because I was absent in the mediation centre?
If the mediation is failed,my lawyer can continue with the case,Is it not?
Even if the judgement is not in my favor,I can appeal to High court / Supreme court and /or bring stay order against the judgement of covil court.Is it not?
The painful thing is my lawyer would have informed me in the initial stages itself that my case is weak and would have not accepted my case
When I had asked him some thing about this case over phone,he had informed that he is driving car and hence unable to reply
In the court hall and also in Mediation centre,oppistion lawyer was repeatedly telling that I have misappropriated the amount.But,it is not yet proved.But,my lawyer diid not raise any objection against deregatory remarks of company lawyer before judges and officials of mediation centre
My lawyer did not make any effort to study my case
Now,I want to come out of this case by paying entire amount of Rs.750000.But,I want to know what are the option available to me against my lawyer who has already taken hefty fees from me but his actions are against me.
