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Vishal   25 July 2016

Long pending case

Hi,

My father has been fighting a case against Dena bank for last 30 years and though we have got the degree from the lower court, which was given because of non-presence of the lawyer representing dena bank on many occasions. However the lawyer from the bank has filed an appeal against that judgment in the higher court and this has been lingering on for very long and the case is not coming up for any hearing and when ever it comes up the laywer just provides a medical certificate for his absence. Is there any way to get the case expedited considering the age of my father who is 82 now. Please advise?



 7 Replies

Vishal   25 July 2016

just to add the background of this case: There was a FD and a RD opened by my grandmother in my name in Dena bank for a period of 10 years. The monthly interest from FD was then used as monthly instalment for RD. The bank followed the instructions for almost 3 years and then suddenly stopped making the required RD instalments. when my father approached the bank at the time of maturity, he was surprised to see that the money accumulated was much lower as the FD interest was deposited in the bank account and was subject to much lower interest rate payments vs RD. This is when he initially discussed with the bank but they refused to acknowledge their error and since Banks Ombudsman was available at that time, he had no option but to file a civil case. 

Sood   25 July 2016

There is another way around....

Nitish Banka (lawyer)     25 July 2016

file 151 CPC if its a civil proceedings for day to day hearing of the case. Or go for 482 in case its a criminal case

Warm Regards

Advocate Nitish Banka

9891549997

P. Venu (Advocate)     26 July 2016

You can urge the court the case for expeditious hearing or can approach the High Cort and get suitable instructions issued.

Vishal   27 July 2016

Thanks for your responses. Please can you suggest what is the way to put an application for expeditious hearing. I have been told that i can also file for Mercy petition with high court, is that advisable and what are the chances that it will be accepted.

venkatesh Rao (Retired Government Servant)     27 July 2016

Press Art.226 with the jurisdictional high court. You will get justice. 

Vishal   28 July 2016

Thanks for your suggestion. Will try and work in this direction. Any other suggestions by others are welcome. 


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