• Tenant not paying rent and not vacating the house also

dear sir
i have a court case going on against my tenant, as he has not paid rent for one almost one year and nor vacating the house.
where as my advocate told me that judge has passed the order that tenant must pay the rent with in 20 days time
however when i asked him for the copy of the order he said that judge told the advocate of the tenant .
now when i check the status of the case in the website it shows that IA pending, i dont know what is the meaning of this.

do you think my advocate is not telling me facts.
Asked 1 year ago in Civil Law from coimbatore, Tamil Nadu
1) if judge has passed an order directing tenant to pay rent within 20 days time ask your advocate to obtain certified copy of court order 

2) if there is no written order passed and signed by judge and is not reflected in court records it would imply that there are no court orders passed in your interim application . 

3) on next date attend court and see whether tenant pays arrears of rent 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1) visit the court where your case under section 138 NI is pending 

2) request clerk to permit you to see case papers . 

3) check the rozanama of previous date . 

4) it would show whether court has issued N. B . Warrant against accused or not 

5) further clerk will also be able to inform you from register maintained in the court whether NBW has been dispatched or not 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Do not rely on the status shown on the website. The case status is often not updated on the website of the courts. One of my cases was decided 4 months back but it is still shown as pending on the website of the court. Use of technology in Indian Judiciary is still in a nascent stage and they are yet to get their act together.

2. Alternatively, it is possible that the order may not have been written yet.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi,it is better you can apply for certified copy of the order sheet so that you know the status of your .

2. If any order passed by the Hon'ble Court it must be in writing and the order passed by the Hon'ble Court very much available if you apply for certified copy and oral direction given by the court is not binding to the parties the court may direct the party by orally but it is not binding.

3. As far as Cheque case is concerned Normally NBW will not handover to the parties it is better you go and inquired in the office so that you may clear your doubt.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Non Bailable Warrant is executed in routine course unless the court has set a specific time frame for the production of the accused. It certainly takes longer than a week for the warrant to be enforced.

2. You must note that a copy of the warrant is never given to the advocate. Do not assume things of which you do not have knowledge.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
IA pending means it is still not decided. However, as I mentioned earlier the status is at times not updated for months.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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IA pending means interim application is pending on date in the suit for interim reliefs 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
IA is an interim application for misc orders. Your advocate must have file an IA for deposit of current rent in the court or in your account. the pendency  of application shows that no orders have ben passed on that .

Bailable/Non bailable warrants are issued against the accused when he fails to appear when summoned or on dates of hearing. The Warrants are executed through concerned PS. The court order can be checked by inspection of file. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
1. The status of the case is mentioned in the website,

2. You should always attend to the court hearing to know what is going on inconnection with your case,

3. You yourself can ask for the certified copy of the last court order to be sure about it.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. To have control on your case, you are required to attend the court on the hearing days,

2. Copies of warrsnts are not handed over to the complainant but you can get the certified copy of the order which you may collect now from the Court to ascertain the state of affairs.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
It means that the Interim Application is pending to he heared and decided upon.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
A. You can apply court certified copies of order sheet and case documents to ascertain whether the court passed any order against the tenant or Respondent.

B. You can apply the order sheet of the case to know the whether the court issued NBW or not? 

C.IA means Interim Application or Interlocutory application. Even though the court order passed, whether it is executed properly or not? It should be cross checked by your advocate.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0

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