Advocate not returning case file documents


I am changing my advocate for a petition in Calcutta High Court. However, my current advocate is refusing to return all documents in my case file including some affidavits in original made by third parties which I have paid for making and drafting charges, and which he was supposed to file in the court, but has refused to do so and is now using them as a bargaining chip.

He s trying to extort a receipt with my signature from me that I have kowledge of the whereabouts of a particular document. The document in question is actually supposed to be in his custody and I have no idea of its location. He is refusing to return my case file unless I comply with his demand and give him the abovementioned receipt with my signature.

I have photo copies of the case file and have notarised (notary attested) copies of the affidavits.

Please let me know how I can get all my case file and affidavits from this advocate?

Is it worth approaching the Bar Council of West Bengal and Bar Council of Calcutta High Court or Bar Council of India?

 
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can you prove that advocate hv the file!
 
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HR assistant

To 98312Piper: dear sir a prompt reply has been submitted by Shri Sarvesh.K.Sharma and as I ever say, it is not possible to prove anything against your lawyer since every thing is done in reciprocal faith and moreover you would not be having any copy of VAKALATNAMA with his signature on it but once any difference pop up the client has no respite except to fall for his demands.Your advocate could simply deny that ever you hired him to plead your case.

But try your luck at Bar Council Of Calcutta High Court with whatever available documents in support but kindly be careful of the mobs there.

Regards.


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My petition has definitely been filed in Calcutta High Court, and my current advocate's name is showing up in the website search for cases in High Court against the case No. and Case name.

I have a photo copy of the petition and vakalatnama where my current advocate has signed.

For changing advocates, the respective court dept. has asked me to get a no objection  from my current advocate showing that there is a record of my current advocate handling my case (and so obviously my file)

I have a Notarised (attested True Copy) of the affidavit lying with the advocate where my advocate has signed and  identified the third party making the affidavit in front of the commissioner of oaths in the Calcutta High Court.

In another affidavit made by another third party which is already submitted to the High Court along with my petition, my current advocate has Signed and Identified the third party in front of the commissioner of Oaths. I have photo copy of such affidavit.

I have a signed receipt from my advocate on his letterhead that he has taken the document in question for the purpose of application.

I have photo copies of written communication between my advocate and another advocate with regard to my case (case No. and case name given) where the other advocate requested a copy of the document in question, and my advocate gave him such copy without my consent, and then other advocate stated that he had sent him an incomplete copy of the document in question. This shows the unprofessional nature of my advocate. I have only the photocopies of such communications which were on the other advocate's letterhead.

I have a Notarised (attested True Copy) photo copy of written communication from the post master to my advocate regarding the receipt of an Acknowledgement slip from a citation sent by registered post to a third party. Obviously, since it was addressed to my advocate, it should be lying with him, and would add proof that the rest of my case file is also with him.

When any court documents are given to the advocate, I hope that there is a record of which advocate is collecting the documents. Then that will also prove that my current advocate is maintaining my case file.

I have an email from my current advocate asking me to please hand over to him all affidavits earlier made by any third parties which are lying with me. This definitely shows he was handling my papers and affidavits with regard to the case.

Is this enough proof that my current advocate was handling my case and is in possesion of my case file?

What should I do now?

 
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My petition has definitely been filed in Calcutta High Court, and my current advocate's name is showing up in the website search for cases in High Court against the case No. and Case name.

I have a photo copy of the petition and vakalatnama where my current advocate has signed.

For changing advocates, the respective court dept. has asked me to get a no objection  from my current advocate showing that there is a record of my current advocate handling my case (and so obviously my file)

I have a Notarised (attested True Copy) of the affidavit lying with the advocate where my advocate has signed and  identified the third party making the affidavit in front of the commissioner of oaths in the Calcutta High Court.

In another affidavit made by another third party which is already submitted to the High Court along with my petition, my current advocate has Signed and Identified the third party in front of the commissioner of Oaths. I have photo copy of such affidavit.

I have a signed receipt from my advocate on his letterhead that he has taken the document in question for the purpose of application.

I have photo copies of written communication between my advocate and another advocate with regard to my case (case No. and case name given) where the other advocate requested a copy of the document in question, and my advocate gave him such copy without my consent, and then other advocate stated that he had sent him an incomplete copy of the document in question. This shows the unprofessional nature of my advocate. I have only the photocopies of such communications which were on the other advocate's letterhead.

I have a Notarised (attested True Copy) photo copy of written communication from the post master to my advocate regarding the receipt of an Acknowledgement slip from a citation sent by registered post to a third party. Obviously, since it was addressed to my advocate, it should be lying with him, and would add proof that the rest of my case file is also with him.

When any court documents are given to the advocate, I hope that there is a record of which advocate is collecting the documents. Then that will also prove that my current advocate is maintaining my case file.

I have an email from my current advocate asking me to please hand over to him all affidavits earlier made by any third parties which are lying with me. This definitely shows he was handling my papers and affidavits with regard to the case.

Is this enough proof that my current advocate was handling my case and is in possesion of my case file?

What should I do now? Please advise.

 
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HR assistant

Dear friend, I have already suggested to proceed with the High Court Bar association against that culprit advocate if you have the documents.

Best of luck.

 
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you give all diceid fee to your earlyer advocate .your are  not clear his metter and whithout give fee and you want file .its very wong tact your.  

 
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@ gopal acharya

Have you flipped your lid?

Have you lost your marbles?

Are you some kind of NUT?

 
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NA

First of all I find many advocates including Sarvesh ji has to brush up thier English to be intelligible to the readers. The message of some of them are so confused because of the heavily erroneous English. A language can be learnt and brushed  up at any time and at any age. I hope I am not offending anyone's feeling but if there is a will to communicate clearly and clear communication always helps, anyone can have mastery over any language s/he wishes to and clarity in expression helps one in one's profession also. 

Second, a single liner reply by Sarvesh ji would not help the querant much. For that matter a single liner reply form anyone would not help much to any laypersons here who post their queries in the hope that some intelligible reply to solve thier queries would  come. 

How does Gopal Acharya assume the querist has not paid the advocate's fee? Has he written it somewhere? Is it like exorting a ransom from the client? My freind has experienced the meanness of her advocate and lost her money too and about which I posted the detail in one of my postings in the family forum. I have also come across some advocates who have high level of integrity, intelligence and decency, so I am not generalising. But the fact remains that in the forum some advocates do show highest level of indecency and post irresponsible remarks. 

 
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HR assistant

Dear Ms.Ambika:Ironically I have raised this issue in many of my posts but hardly it was welcomed due to problem of EGOISM because many among them are highly qualified academically and if pointed out, some of them behave like TAPORIS in Mumbaiya parlance or STREET URCHINS and even start abusing. I can name them but that would divert the subject.

An individual should have the urge to learn and at least concentrate or read these posts carefully to learn and communicate in the correct fashion.

It is not Mr. Gopal Acharya alone and could you see how proudly he depicts his academic qualification against his name but he himself would not be able to explain in his mother tongue as to what he had talked about. Anyway one has to live with all these lacunae because you have no right to isolate them but kindly ignore it and try to decipher their creations to the extent possible and enjoy helping the needy.

Regards


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