Case listing in supreme court

VIJAY (Querist) 08 December 2016 This query is : Resolved
Hi Experts,

My transfer petition in the Hon'ble SC has taken close to 18 months now.

My advocate says, a computer lists the cases and he can't to much.

We have asked him many times to file urgent hearing petitions and get the petitions disposed off but he says he has filed the urgent hearing petitions but it is the computer that lists the cases

Every time I see the likely listing date , as the date nears it gets changed to a date that is after a month or so and it continues until 3-4 months pass before it comes in front of the bench.

I see celebrity and politicians don't wait so long. They file a petition and gets heard within a week or two and gets disposed off but petition from common people takes months and months if not years.

Is it really a computer that chooses the date of listing OR I"m being fooled by my advocate?

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R.K Nanda (Expert) 08 December 2016
there must be some objections in ur petition.ask ur advocate to go to registry of SC and remove said objections at the earliest so that ur case be listed in court for hearing.

VIJAY (Querist) 08 December 2016
Sir, the problem is our advocate who seems to be delaying purposely because he is from a place close to the respondent and the respondent's advocates for the local cases are from his city.

The respondent is already ex-parte in APRIL as they did not file any reply so what can they object to get disposed off.

He has just let it go as a free flow without doing anything for a faster disposal.

Now I'm going for a different advocate but he didn't give me the NOC at all which confirmed my doubts. We are filing an affidavit in the Hon. registry.

To us he said he'll inform the registry that he has no object and will co-operate but in the court he has spoken in a un-ethical and un-professional way to our new advocate. This is after I have paid him the full fees.

R.K Nanda (Expert) 08 December 2016
then you must get NOC from him and file said NOC in registry of SC.

Rajendra K Goyal (Expert) 08 December 2016
May proceed as advised by the expert R.K. Nanda.

VIJAY (Querist) 08 December 2016
Sir,

We asked him for NOC on 30th SEP through all medium, emails, SMS, calls but there was no proper response from him at all. He never used to lift my call and use to give very harsh answers. After too much of request he said that the AOR has been hospitalised for paralysis and not in a position to sign NOC.

To get this in a email from him, I had to struggle again. He has been very un-profession to us.

Now we are moving an affidavit in the Hon'ble Court registry with the new advocate.

All these he is doing to favour the respondent who is from his state.

First I'll get the advocate changed and then I'll ask for an official response for all the delay and what he has done in the case and see whether that is in line with what he has communicated with us in emails and whatsapp. Then I'll decide on the action because he has caused a lot of pain for us and deliberately delayed the petitions.

Anyways thanks for the expert suggestions.