unable to appoint new advocate
Dilshad M. Merchant
(Querist) 10 September 2015
This query is : Resolved
ame is Dilshad Respected Lawyers, my name is Dilshad Merchant from Mumbai, I have a case pending Merchant from Mumbai, I have a case pending in thane JMFC court u/s. 420, 34. I am accused in thane JMFC court u/s. 420, 34. I am accused no. 2 in the matter. The case started in 2012, no. 2 in the matter. The case started in 2012, until today 26 hearings have happened. Now until today 26 hearings have happened. Now my advocate has sent me letter stating that he my advocate has sent me letter stating that he will not be able to proceed with my matter due will not be able to proceed with my matter due to difficulty in dates. He has asked me to to difficulty in dates. He has asked me to appoint another advocate. Today I gave an appoint another advocate. Today I gave an application in the court for appointing another application in the court for appointing another advocate, thereby asking further time from the advocate, thereby asking further time from the court. The judge granted only one months time, court. The judge granted only one months time, and my next date is 3/10/2015. The judge told and my next date is 3/10/2015. The judge told me clearly that on 3/10/2015 I will have to me clearly that on 3/10/2015 I will have to bring my new advocate, and he will not grant bring my new advocate, and he will not grant any further adjournment. any further adjournment. I want to know the I want to know the following: following: 1) if I don't get another advocate till 1) if I don't get another advocate till 3/10/2015 will the judge grant me more time 3/10/2015 will the judge grant me more time or give me another date ? Is there any law or give me another date ? Is there any law relating to my question ? relating to my question ? 2) if I don't get 2) if I don't get another advocate till 3/10/2015, what is best another advocate till 3/10/2015, what is best that I can do in my interest ? Please suggest that I can do in my interest ? Please suggest me concrete suggestions which will save me me concrete suggestions which will save me from any trouble in this issue. from any trouble in this issue. For your info, my For your info, my plea has been already recorded and I have plea has been already recorded and I have plead "not guilty". plead "not guilty". Complainant!s statements Complainant!s statements have been recorded. have been recorded. Please guide me ! Please guide me ! In this In this case, can the magistrate pass any order case, can the magistrate pass any order against me ? If yes, what ?
Advocate/CS Sanjeev Kataria
(Expert) 11 September 2015
engaging new advocate is not a ground for adjournment legally but judge allowed adjournment on this ground as a matter of practice. adjournment not possible on this ground alone. Engage your counsel well in advance and give him proper briefing for further processing of the case.who is best advocate, depends upon your understanding with your counsel.
T. Kalaiselvan, Advocate
(Expert) 19 September 2015
First of all the repeated contents of your query irritates the reader, however what is the problem in engaging the services of a new lawyer immediately?
