Case dismissed - plaintiff lawyer did not take further steps to serve notice to defendent
sri
(Querist) 05 February 2015
This query is : Resolved
A share broker refused to make payment towards my shares sold. Hence I requested Court stay order to stop-transfer of the shares and case was filed in the Bangalore court.
The case was continuously getting adjourned (for reasons like no judges, change of judge etc) in the court for 4-5 years with no hearing. The share broker willfully, never received any court order sent to him. Once the case was picked up, the lawyer was asked to serve further notice to the share broker which he missed. Hence the judge dismissed the case with the judgement that "steps promised by lawyer were not taken". This happened in about 12 years ago.
Once we got know of above, we reached out to many lawyers for options to revive the case or other options to get us justice. I was conveyed that the need was to reach Registrar of Companies (since we are in Bangalore, the nearest one was in Chennai). There was not much progress here, as there was no guidance on how to claim justice. Many lawyers that we approached had very little awareness of dealing with cases around shares and could not help earlier.
Few local lawyers that were approached recently said that more than 5 years have passed and hence filing new case may not be possible.
The share registrar of company has still not transferred the shares and awaiting my submission of court order for next steps.
I have seen great help from your legal specialists in this website and my hopes of getting direction and justice have been revived.
Please convey what needs to be my next steps, to gain justice? Can I file a new case to get judgement?
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
Your statements are contradicting to each other. One place you say it happened 12 years ago and in another place you say that it is only 5 years, which one is rue?, what were you doing for 12 years when the case was dismissed for default for not taking steps to serve summons to defendant?which one is true?, the papers of the case filed and other details are to be seen or known for giving a proper opinion.
