GOUTAM ROY (not applicable) 15 July 2013

Writ petition

Writ petition filed in the High Court. It has been admitted.Order of H.C : " .......and is given leave to file AFFIDAVIT-IN-OPPOSITION BY THE 28 TH OF JUNE,2013. Reply, if any ,thereto may be filed by the 30 th july, 2013. List the matter in the 3rd week of August 2013."-

But the Bank(opposition) has not filed Aff-in -opp. till date(15 th july). What could be done? kindly advice.

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3 Replies

vivek malhotra (Advocate) 15 July 2013

Just wait you cannot compel other party to file their reply. If they do not file any counter affidavit cost will be imposed upon them or in the alternative their defence may also be struck up

Vivek Malhotra

Advocate.

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Daksh (Student) 16 July 2013

Dear Gautam,

It is common for the litigants to appear and serve copy of affidavit on the other side and make a statement that the same shall be filed in the registry or in the alternative the request is made to put the same on record of the court whereupon the court fixes the matter for filing of rejoinder if any. Wait for the outcome on the next date. Keep your options open.

Best regards

Daksh

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Adv k . mahesh (advocate) 16 July 2013

after filing writ the court will grant some time to other party and the other party will take time to file and even on the listed date if he does not file do not worry court will give another date and will see for two or three occassions and finally if they do not file your lawyer has to stress for hearing without the other party filling the court will nt take up hearing and will impose cost and you do not worry this situation is for every case

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