Mcop case - ep filing

Querist : Anonymous (Querist) 13 March 2023 This query is : Resolved
In mcop accident case, judgement was delivered on dec 2022 in my favour. Now, advocate is not responding

1. If we have to file EP, does it need our signature or Advocate signature is enough?

2. Is it possible to change advocate at this stage? How long it take? What's the process?

3. If EP is filed, how long it takes to execute decree?

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Quick Summary

Following a favourable MCOP accident case judgment, you're facing issues with your advocate's responsiveness. This discussion clarifies that filing an Execution Petition (EP) requires signatures from all claimants. You can change your advocate at any stage by appointing a new one with a fresh vakalatnama. The time taken for EP execution and decree enforcement can vary significantly and is difficult for legal experts to predict.

T. Kalaiselvan, Advocate (Expert) 13 March 2023
1. It's a fresh case hence you need to sign the vakalatnama again.
2. Yes

3. Time taken for disposal cannot be predicted

Dr J C Vashista (Expert) 14 March 2023
Q If we have to file EP, does it need our signature or Advocate signature is enough?
Ans: It require signature of all claimants / beneficiaries.

Q 2. Is it possible to change advocate at this stage? How long it take? What's the process?
Ans: You can change at any point of time by executing power of attorney (vakalatnama) in favour new advocate.

Q3. If EP is filed, how long it takes to execute decree?
Ans: Time to be taken in execution of decree can be predicted by an astrologer and not legal experts on this platform.

P. Venu (Expert) 14 March 2023
Who is the JD (Judgement Debtor)? Is it the Insurance Company? Anyhow, you have the discretion to engage another advocate.

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