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Personal appearance

(Querist) 30 August 2012 This query is : Resolved 
I have case pending Before High Court.The stay is operating against Labour Court Award since jan'2010 and neither i had been re-instated till date not had been given any relief in the form any back wages or deposition against award by the employer. the stay has been granted on the issue which has already been decided by High Court 3 times with raised with different languages meaning same.
My lawyers had specifically mentioned the case several times but still the bench is not taking the case.
can i appear personally and take head on collision with the bench in my issue as appearing in person for my grievance and latter on case to be argued by my lawyers . or the bench can compel me to argue the case in person under these circumstances.
just help me out sir. what are the remedies left with me. for imminent survival of my family i have to sell ancestral property and i am in debt trap.
ajay sethi (Expert) 30 August 2012
never do it . the bench may not be taking cases due to heavy board . you must have engaged a lawyer . ask him to move the bench for expediting final hearingon grounds that issue is covered by other judegements
Anirudh (Expert) 30 August 2012
Having engaged a lawyer to represent your case, the Court will not entertain you to present the case in person.

If you want to appear in person, then you have to certainly withdraw the vakalatnama given in favour of your lawyer.

Further, as advised by Mr. Sethi, please remember, if your lawyers could not achieve what you want, I don't think that you will in your personal capacity be able to achieve anything. It is not the incompetence of the lawyer that you are talking, but you want to appeal in person to earn the sympathy of the Bench. That may happen if you appear in person. But technically whether you would be able to handle the matter is the question.

In any case, whenever your case comes up, you can also be present in the Court, and your lawyer can point towards you and say that you are suffering.
V R SHROFF (Expert) 30 August 2012
Let your Lawyer handle it. Be after him.
Sudhir Kumar, Advocate (Expert) 30 August 2012
You can take the headon with bench if interested to be charged with contempt and going to jail.
anil verma (registeronlyfree) (Querist) 31 August 2012
Sir thank you all very much for valuable Advice from the bottom of the heart.


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