Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Abhi (Teacher)     22 July 2017

Civl case [ hyderabad] - lawyer is not responding to us

Hello 

I am an NRI. Before moving overseas we have sold our business to landlords [ Business owners are in India only, however all matters are managed by me].

 

We had an issue with the Agreement of sale. Other party after paying 80% of the amount took over our business and has been running the business since last 2.5 years. It was clearly laid out in the agreement of sale any event of dishonour of cheques would automatically cancel the agreement of sale and the other party has to forfeit the amount already paid and should hand over the property to us. However the party are not following any such terms and enjoying the property.

 

Note: There is already a criminal case pending on other party with regards to Cheque bounce case.

 

We have hired a lawyer in Hyderabad  , Who took all the documents from us and have served legal notice to the other party in violation of terms in Agreement of sale [ this notice has been sent more than 4 months back]. However there is no response from other party [ atleast as per our knowledge]. Not sure what happened behind the scenes between our lawyer and the other party. I have repeatedly asked our lawyer about the next steps and he said he will file case against them in court but he never took any steps in filing the case. After repeated follow-ups he said he dont want to work on this case [ said this 10 weeks back]

I have asked him to send me an No Objection Certificate that he is no longer interested in this case and he has no issues when we take this case forward with other lawyer. He no longer replies to my calls or emails regarding the NOC.

Could you someone come to my rescue and advise how to get NOC from lawyer and also let me know if you are willing to take this case forward?

 



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 July 2017

Lawyers are required by law to inform their clients about how they are going to charge and tell them about their rights. This is called 'disclosure'. Your lawyer must inform you in writing about the costs of the work and the expenses that you have to pay.

You are entitled to high standards of legal advice and representation and your lawyr must act in accordance with a range of legal duties owed to clients. At the same time a successful lawyer/client relationship requires cooperation on both sides. There are various things you can do to help your lawyer.

KS Johal   22 July 2017

Advocate Rama has given good advice, but I am confused about his last sentence. What do you want the client to do to help the lawyer? I fully agree with all the other statements that he has made and he has given good advice.

G.L.N. Prasad (Retired employee.)     22 July 2017

In India, to find a sincere Advocate is the most difficult task.

There is limitation period for filing suit for specific performance.

Search in the forum for the Advocate, who is having good credentials and file the suit through him.

G.L.N. Prasad (Retired employee.)     22 July 2017

Also complain against that Advocate to Bar Association,

record all his conversations, file a Consumer complaint against him

for deficiency of services, if you have paid any fees to him.

But before all that get back all the papers available with him.

Abhi (Teacher)     22 July 2017

Dear Prasad - Thanks for your reply and advise. However, as I am outside India I am not able to take any action [ against lawyer]. Could you please let me know how I can handle this situation.

G.L.N. Prasad (Retired employee.)     22 July 2017

Find a friend or relative at Hyderabad and give him Specific POA exclusively to deal with such issue (not financial), restricted to such issue alone.

If any Advocate visits the portal, they may even offer their service to you.

Abhi (Teacher)     02 August 2017

Dear Lawyers

Finally my lawyer has sent a no objection through email. Could someone take my case forward ?

If there is any one out there please feel free to get in touch with me.

 


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