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Remedy for a case u/s 138 N. I. Act. - dismissed for default.

Page no : 2

S N Thakur (Entrepreneur)     03 May 2015

I have done all, for restoration of the case, whatever the private clerk and the advocate told to me. However, position of the case will ever remain unchanged since dismissed for default by the magistrate’s court. The said clerk engaged the advocate on behalf of me for restoration of the case before the session court, Vocalatnama signed & accepted. Several times, I have visited the court and paid in full - for the certified copy of the last orders, for drafting the case, typing, and stamps, for filling, for clerk and advocate fees. The clerk assured me to file the application before the session court in time, just before the Puja-holiday starts. The court reopened after the Puja-holiday when the clerk told me that the restoration is not possible due to problems in filling process. The clerk declined to clarify about the nature problem but told me to forget the case. Finally, all of my time, money and effort wasted but I could not get justice even after 8 years and that I will never get!

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