To: Mr Alok Tholiya <firstname.lastname@example.org>
Sent: Fri, 11 July, 2008 12:32:23 PM
Subject: Re: Revised after receiving many suggestions letter to Hon. Judge is finally being sent
Dear Mr. Tholiya,
Despite being an advocate myself, I am in total agreement with you that the Advocates are largely responsible for the inordinate and evitable delay in conducting the proceedings before the court. Owing to these delay tactics, many of the advocates who are in quality practice avoid appearing before the courts and resort to the chamber practice. I wish to suggest that you make an application to the Registrar of the Court under the Right to Information Act, asking him to furnish you copies of the Roznama, which gives details of the dates of hearing and reasons for not conducting the proceedings. Equipped with that information, you may approach the respective Bar Council for initiating action against the erring advocate. If few more persons like you, who have suffered at the hands of advocate, make applications as above, the respective Bar Council will be compelled to take action in this matter.
----- Original Message -----
From: Mr Alok Tholiya <email@example.com>
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Sent: Wed, 9 Jul 2008 14:44:36 +0530 (IST)
Subject: Revised after receiving many suggestions letter to Hon. Judge is finally being sent
IN THE COURT OF SMALL CAUSES COURT AT MUMBAI
R.A.E. SUIT NO. 864 OF 2004
1. Mrs. Saroj Tholiya …age 82 years… and 2 others.……….Plaintiffs
1. Mrs. Shakuntala N. Purohit age 75 yrs. and 3 others……..Defendants
(Heirs of the then tenant of approx. 180 sq. ft . area having rent of just Rs. 42.50/- p.m.)
Monday, June 30, 2008 matter was called out at 11 am
I would like to draw kind attention of yourgoodself to following facts:
1. For months defendants did not file their written statement. We had to raise the issue several times before they filed the same.
1. One of the plaintiffs and one of the defendants are above 75 years of age. We filed application to expedite the matter on this ground as per high court circular. The purpose of this circular is very holistic which wants to ensure that each and every litigant sees the fate of their case in their lifetime itself. Defendants opposed the expediting request application too inspite of there being no such provision but they used this as delay tactics. Finally Hon. Court allowed our application.
2. During last 4 years twice our file in the matter disappeared from court. Only we chased for same. We wrote to Hon. Court and Hon. Registrar to ensure that file be located at the earliest. Same were found but not before months were wasted.
3. In the name of shifting of office Ad. Pawar the advocate of defendants got long adjournment. Again in the name of marriage of his daughter he got long adjournment thus ensuring matter is delayed.
4. Defendants advocate also took long adjournment on the ground that one of the defendants had to go to USA for business. They had other 3 defendants who could appear.
5. They gave copy of examination in chief in the month of October 2007.They requested that on the next date they will file documents. Actually if they had any documents in their possession to rely on in their possession then they should have done so along with the above affidavit. Yet Hon. Court allowed them to do so by next date but inspite of lapse of 9 months they have not yet filed any documents.
6. After nine months today when matter was called out Ad. Pawar informed court that they are filing a new application today as the documents are not traceable. He further stated that his client the defendant Madhukar Purohit has gone with application for affirmation and soon they will submit the same. I was advised to wait for copy.
I waited for two hours in the court room but neither Ad. Pawar nor his client came back to the court room. It is important to note that incidentally affirmation clerk is on the same floor and Xerox facility is just one floor above. Therefore anyone can come back with in 10 to 15 minutes after doing the affirmation and Xeroxing. In fact they should have kept the application ready before 11 am when the matter was called out as they had been already given 9 months for same. But it is a well known fact that parties on wrong side and their advocates take liberties of lenient attitude of court and purposely delay the matter.
However being restless after a long wait I went in search of my Advocate Pankajbhai. He was in Advocates room. He said just minutes back he had seen Ad. Pawar and had asked the copy of their application which they had promised to file before the Hon. Court. Ad. Pankaj further added that Ad. Pawar refused to give the copy and told that he will say whatever he wants to say before the court on the next date.
Sir, on next date defendant is likely to remain absent and their advocate is likely to seek long date and likely to submit their new application.
1. Yourhonour, while our matter was being mentioned / discussed at that time I had requested your honor to allow me to throw light on above facts as defense is only interested in delaying the matter. Sir, you have recently taken over charge of this Hon. Court and are not aware of modus operandi of defendants and their Advocate and also not aware how matter has been moving ( in our case not moving) therefore in the interest of justice I thought it fit to humbly submit before your goodself synopsis of same. Since that opportunity was not given to me sir, I hereby humbly present the same before your goodself in writing.
2. Sir, when 4 th standard school children are wary of facts that home work needs to be done before reaching classroom then how ld. Advocates and their successful clients ( in this case defendants are very big importers and exporters of gems and jewelry and are complying timely all business commitments) are taking liberty and when matter is called out at that time their application is not kept ready? Why in nine month they could not keep same ready to present it promptly before yourgoodself. Are not they taking ride of courts soft attitude? Instead of fighting case on merit are they not using other means and excuses to just delay the matter?
3. Sir even when next date was being asked to adjourn the matter then I had requested for 8 th of July but Ad. Pawar insisted for 15 of July .And his request was granted.Pl. note that when he is submitting a new application and we have to reply then if we are prepared to reply in short time then what is his problem? Why he wanted 15th of July when we are willing to submit reply before that. Is not this a method to delay the matter?
4. Sir, several times the defendants have not been present and one Harish Chadha comes and appears before the Hon. Court on the advice of Ad. Pawar or his frequent absentee defendants.. Is he not supposed to file copy of power of attorney? Can any one be made to stand up when the name of defendants is called out?
5. Sir, though out of present purview but I want to inform that in the name of defendants this Harish Chadha has been creating nuisance and harassment to us may be on the instructions of defendants who live and enjoy their palatial house in Jaipur at that time. And when Harish Chadda was called to police station against our complaint he said he is acting on the instructions of defendants as he is their constituted attorney. Sir, he has never ever produced any copy of same either before the Hon. Court or to us or to police.
I sincerely hope and prey with folded hands before yourgoodself that pl. don't let the matter drag on for years and decades like another case where I am defendant and filed by a tenant (case no 2145 of 1990) is dragging for 18 years and not even issues have been framed in this case. The plaintiff tenant keeps filing new applications and keeps seeking adjournments which they get easily. On the last dates in this very matter RAD 2145 plaintiff tenant have taken adjournments on the ground of their Advocate Nathani being not well. On next date they applied for adjournment on the ground that they want to change the Advocate as he has become old and got adjournment of 45 days. Though matter is listed under expedited. However in appeal court with in a week Advocate Nathani appeared on their behalf.
On another occasion they successfully delayed for 4 years application to expedite filed by my aged mother . For redressal of my grievances I had to see the then Hon. Addl. Judge and only then on next date appropriate order was passed. Sir, My whole prime age has been wasted in court because of delaying tactics of these tenants.
C.C. to Hon. Chief Justice Supreme court of India, Hon. Chief Justice High Court of Mumbai, Hon. Chief Judge of Small Causes Court, Hon. Law minister of India, Hon. Law minister of Govt. of Maharashtra, Hon. Addl. Chief Judge of Small Causes Court, Bandra, Bar council and others with a request to take appropriate measures so no one takes ride of the great institution of Justice and spoils life of others in court with a view to harass / delay justice.
Also stern warning be issued to all Advocates to remain ready when the matter is called out as always sufficient time is given to them and that too is given as per their choice. In RAD 2145 Ad. Nathani always gets dates suitable to him as he comes only on Wednesdays to Bandra court. Yet they are not prepared and keep asking for adjournments. During last 18 years I have hardly asked for adjournments not even when my grand father was in bad state in hospital and finally died, my brother in law (sister's husband) was in hospital for six months suffering from cancer and finally died, my father met a road accident and was in coma for days in Hinduja hospital, my son was in hospital due to road accident with skull fracture. I am not mentioning how I attended to other routines, business, social engagements and even important events like 10 th and 12th exams and admissions of my daughter & son and finally their graduation as dentist and software engineer and
how now I have to attend to my ailing bed ridden mother, prepare for children's career and marriage etc. etc. and yet cope with ever adjourning dates.
Pl. formulate a law restricting nos. of cases a lawyer can take in hand as their engagement / non preparedness earns bad name to courts. Newspapers keep flashing statistics that for how many decades how many lacs cases are pending in Indian Courts. No one highlights that most of the time it is advocates absence, negligence, unpreparedness, modus operandi (like of Ad. Nathani and Ad. Pawar) which is responsible for delays in courts and suffering for decades of litigants.
With the restrictions the Advocates themselves will try to be well prepared and show interest in quick disposal of cases as they can take new cases in hand.
N.B.. I have been encouraged to write this letter after reading (copy encl.) stinging criticism of Gujarat govt. and police by Supreme Court of India who had filed case against a writer who criticized Gujarat govt. and police. Hon. Supreme court in their order given in favour of writer said "Why are people from land of Mahatma Gandhi so intolerant towards criticism? There are worst things happening in this country. We don't find what he has written is objectionable". Hope my writings will also be taken as a healthy sharing of experience and as humble suggestions by all.
Thanks and Regards,
(Real Estate, Insurance, Mutual Funds, Bonds, Ticketing (Air, Bus, Rail)
Tholiya Marketing and Leasing Pvt. Ltd.
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