No counter by bank

suneetha Jain (Querist) 25 February 2019 This query is : Resolved
Sir, I have filed a case in high court against a Bank for illegal termination in 2018. But, till now, the Bank has not filed Counter. Now, What should I do to settle the case at the earliest??

Follow Query

Report Abuse

kavksatyanarayana (Expert) 25 February 2019
What is saying your own counsel of the case? Another summon not issued to the Bank authorities? consult your own advocate.

Dr J C Vashista (Expert) 27 February 2019
Instead of obligation of experts, which shall be inappropriate on the basis of limited facts posted by you, proceed as advised by your lawyer who is able, competent and intelligent enough to advise.

suneetha Jain (Querist) 27 February 2019
KAVK Satyanarayana Garu, Thanks for your reply. My advocate is saying that unless Bank files a counter, we can not do any thing. He said we can not send summons to the Bank through court again.

KISHAN DUTT KALASKAR (Expert) 01 March 2019
Dear Sir,
If counter is not filed by the Bank ask your advocate to get the case taken on board and ask your advocate to advance final arguments on your case and if there are merits in your case then definitely such termination orders will be set aside by the High Court.

Please mark “LIKE” if satisfied by my answer.

Message likes : 1 times

suneetha Jain (Querist) 02 March 2019
Hon'ble Kishan Dutt Sir, Thanks for your reply. But, my advocate is saying that he can do nothing untill Bank files a counter. Thats why I am worried. Is there any other option left for me to make the case reach the Hon'ble Judge??

Isaac Gabriel (Expert) 18 March 2019
Whether the bank you suppose is covered under writ jurisdiction.If it is a private bank, it falls out of writ jurisdiction. Neverthless check it out before it is too late, so as to seek other remedies through labour forums.

Sudhir Kumar, Advocate (Expert) 23 March 2019
what can be the problem if they do not want to defend.

Guest (Expert) 23 March 2019
Once again Thanks to Sudhir Kumar Deputy Manager (calls him self ) for confirming he is Not an Advocate.

Guest (Expert) 23 March 2019
Even if other side is not filing a Counter or not even appearing or not even represented by an other side Advocate --with the permission of Court your Advocate could Publish an News Paper Advertisement regard to next hearing and court proceedings could continue and decided Ex Parte. Better Discuss with a Good Senior Advocate of the concerned Court.