Non filing of counter

suneetha Jain (Querist) 26 November 2020 This query is : Resolved
Sir, My Query is My Brother, aged 42 now is terminated before the end of his probation from SBI 07 years back citing non disclosure of pending case (false case related to his marriage which was closed in Lok Adalat in 2013) at the time of appointment. He filed a WP in Hon'ble High Court and Hon'ble High Court allowed the WP and directed the Bank to reconsider the issue. But, SBI replied that they have reconsidered the matter and are sticking to their initial stand of termination. So, again, My Brother filed another WP (he could not file contempt of court case as SBI says that that it reconsidered the matter) in Hon'ble High Court. But, for the past 3 years, SBI is not filing the counter. My Advocate says that SBI needs to file the counter for movement of the case. Please suggest what should we do??

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A man's brother was terminated from SBI seven years ago during his probation, citing non-disclosure of a closed marriage-related case. Although the High Court ordered the bank to reconsider, SBI upheld its decision. The brother filed another writ petition, but the bank has not filed a counter-affidavit for three years, stalling the case. The family is seeking advice on how to proceed when the respondent bank fails to file its response.

Rajendra K Goyal (Expert) 26 November 2020
Repeated query:

https://www.lawyersclubindia.com/experts/banking--723216.asp

kavksatyanarayana (Expert) 26 November 2020
Yes. It is a repeated query as said by the learned expert Mr. Rajendra K.Goyal sir.

Isaac Gabriel (Expert) 26 November 2020
Your lawyer can mention before the court to bring the case representing the fact.

Dr J C Vashista (Expert) 28 November 2020
Have you or your brother lost faith in the lawyer engaged / paid by him ?
If so, instead of banking upon obligation of experts on this platform on the basis of limted facts posted by you ,it would be better to change him/ her immediately and engage another local prudent lawyer for appreciation & analyses of facts/ documents, professional advise and necessary proceeding.

P. Venu

(Expert) 28 November 2020
Yes, this is a repeated query. In this context I had made the following posting:

"The facts posted suggest that your advocate is less than professional, What is the nature of the case - is it a Writ Petition?

Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=892924"

Unfortunately, you had not provided the information sought.

Now, you are revealing that the case is a WP. If so, the Court can proceed even in the absence of a counter from the Respondent. Perhaps, you need to engage a better professional as advocate.

Guest (Expert) 28 November 2020
Well Advised by Advocates Mr.Isaac Gabriel and Dr.J.C.Vashista.

Guest (Expert) 28 November 2020
Your Advocate could seek the Ex Party Order in this Case and let him also Plead for News Paper Publishing regard to this.. Convince your Advocate to take up the matter Seriously

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