How to appeal execution of very very old exparte decree


20 years back, I left my first job from Govt Company, actually registered as R&D Scientific Society.
I had signed Service Agreement Bond for 3 years post 1 year of training. Nothing much was written about training or its specilaization. I found it was 4-5 months of Internal rampup, orientation with their work/product.
They alloted me to a group for regular work and later transfered too from Delhi to Bangalore.

Frustated I left job after ~13 months in 1998.
Now I learnt,  3 years 4 days after my resignation in 2001, they filed case in Delhi against me and my Surety. By then I had no contact with my surety. I was declared Exparte, Surety attended 1-2 dates, thereafter he too was declared Exparte and Decree was allowed.

After 10 years in 2014, stating with limited knowledge about me in bangalore, they transfered case to decree execution to Bangalore and now in 2019 they found me on social website and appraoched me, demanding Decree amount plus interest till date.

My questions are:

1.   In 2001-2004, they seem to be sending summons to my address at the time of joining, but they themselves gave me leased accomodation in delhi, which became my more latest address, they never sent any summon there. Also same LANDLINE number was shared.

2.  I was in bangalore, but not effort to look in bangalore to my last bangalore address with them in employee data

Ques:    Can above be reasonable ground to appeal Delhi District Court or Delhi High Court, to set aside 20 years old Exparte Decree.  ?

Ques:     Further, Surety had signed bond as jointly and severally and also made appearance in court and stays at same address, why Petitioner never appraoched him to recover amount in 2004 and now seeking 15 years extra interest from me.

Ques:    I found one case with same organization and its another employee (next-to-next batch), where same or similar bond was held wrong by other Delhi District Court. 

How to approach to get relief ?

 

regards 

 

 
Reply   
 
Retired employee.

Mr.Garu

First things first.  Contact an advocate immediately and discuss with him on declaring the expartee decree invalid.  This is not the time to discuss which is good, proper or bad.  Go for a permanent remedy and share your ideas with your advocate.

 

 
Reply   
 



As per the Limitation Act, Decree needs to be executed within 12 years. Since the expartee decree passed against you more than 12 years back, it is barred by limitation.

 
Reply   
 
Advocate

It is presumed that the Decree Holder is some sort of Bank or NBFC etc.  If this is so, they would be having  recovery agents  on their pannel.  They are ruthless sharks and you cannot waste your time with this kind of on-line search on nitty grity and legalities.  Please contact a competent lawyer to find out how to address the issue.  

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu