Can the defendant harass plaintiff without filing counter

 

(Querist)
24 April 2019

Sir, My Brother was terminated in 2012 by Andhra Bank citing non disclosure of pending case at the time of appointment in 2010 (It is a false case related with matrimony which was closed in the year 2009 among the families and in 2012 officially in Lok Adalat 6 months before termination and the copy is submitted to Bank) We went to Hon'ble High court in 2012. The Hon'ble High Court considered our request and asked Bank to reconsider the matter in 2017. But, Andhra Bank is adamant on its stand and did not consider the order of Hon'ble High court. So, we went to Hon'ble High court again in 2017. But, till now, Bank didnot file its counter. Our advocate is saying that with out the counter, we cannot request the Hon'ble Judge to give ex parte judgement. I request you to kindly advise.


N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

If the defendant is not filing the counter with in a stipulated time the Honorable Court could decide the case Ex Party.

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

You should file a Pleading Petition in the concerned Court to make Ex Party decisions basing on the delay of other side.

suneetha Jain (Querist)
24 April 2019

Thanks for your reply Sir. Can you please tell me what is the stipulated time period within which the Bank should file counter??

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

Delay of 3 month time would be more than sufficient

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

Better discuss and seek the guidance of local good Senior Advocate of the concerned High Court

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

For this reason you need not change your Advocate and Senior Advocate would do the needful presenting him self along with your present Advocate

suneetha Jain (Querist)
24 April 2019

Thank You very much Sir

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

Welcome and All the Best

Dr J C Vashista (Expert)
25 April 2019

Your lawyer is the best person to help you. However, if you are not satisfied with his/her advise/ performance change him/her immediately.
If you are located in Delhi and feel so, may contact me with entire case file (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939

suneetha Jain (Querist)
15 June 2019

Thank You Dr J C Vashista Sir . I am from Hyderabad Sir. I would be grateful to you if you suggest any good advocate in Hyderabad.



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