Sir in 2009 a cheque issued to my company bounced due to insufficient funds. This amount is actually the refund of excess amount paid on account of a particular purchase. Within 30 days , as per NI act, I issued a notice for payment of amount. There was no reply from them. Then after 30 days i hired a local lawyer and we filed case in Chennai City Civil court. After so many hearings , in Dec 2009 the court gave verdict in my favour. Since this verdict I have been calling my lawyer to know about the status but he says that we will have to wait. There is no proper response. Now we are in 2016 and still there is no progress. Kindly let me know what I should do. whether I take all the case related docs and give it to another lawyer? pls guide me.
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1)you have not mentioned what is the court verdict in suit filed by you in city civil court
2) i presume summary suit was filed under order XXXVII of CPC
3) if decree is passed you have to take steps to execute decree by attachment of assets of defendant .
4) has your advocate taken execution proceedings?
5) engage another lawyer and take search of court records
Thanks very much sir for your prompt reply. 1) court verdict is under sec 37 of CPC for recovery of Principal together with interest @ 36%. 2) how do I know what all assets the defendant has? Is it the duty of my lawyer or I have to do it. 3) do i have to intimate my lawyer that i am going to engage another lawyer for further proceedings and court record search? Thanks vijay
1) it is not section 37 but order XXXVII of CPC . it is summary procedure for recovery of money with interest
2) you have to find out assets of defendant . how will lawyer know details of bank account of defendant , his immovable proprieties etc
3) have you applied for and obtained certifed copy of decree from court ?
4) application for execution has to be made within period of 2 years of decree . if you have failed to do so you can execute decree with leave of court .
5) change your lawyer . take case papers from your current lawyer
It is your case that the court has held the accused guilty of the offence for which he launched his criminal prosecution. So what more do you want to know from your lawyer? The accused now has the right to file an appeal in the higher court to challenge his conviction. You need to find out if an appeal has been filed or not. Had an appeal been filed the notice would have been served to you unless the court ordered the notice to be issued to your lawyer.
1. You should engage another lawyer to know what is the status of the case.
2. If the assets of the defendant are to be attached then you have to furnish the list of those assets to the court.
3. You do not need to inform your lawyer before engaging another lawyer/
Since this verdict I have been calling my lawyer to know about the status but he says that we will have to wait. There is no proper response. Now we are in 2016 and still there is no progress.
Kindly let me know what I should do. whether I take all the case related docs and give it to another lawyer
From your content it appears that you have filed a civil suit for recovery of money and not a cheque bounce case.
If there is no proper or any response from your lawyer, it will be better to withdraw the entire case bundle from him and engage another lawyer for filing EP of he decree in your favor. It is not necessary that you should follow the EP too through same lawyer,you may engage another lawyer without obtaining NOC from previous lawyer for filing EP.
1) court verdict is under sec 37 of CPC for recovery of Principal together with interest @ 36%.
Thus it was a money recovery suit under section 37 cpc and not a NI act case. Hence as suggested you can file an execution petition to enforce the decree.
2) how do I know what all assets the defendant has? Is it the duty of my lawyer or I have to do it.
How do you think your lawyer shall know the details of assets of the defendant/judgment debtor. It is your duty to provide the details of the defendant to enable your lawyer to file an execution petition accordingly.
3) do i have to intimate my lawyer that i am going to engage another lawyer for further proceedings and court record search?
It is not necessary. It is absolutely your choice.