Opposite Counsel not appearing in court and demanding money
We have a quashing case in High Court Chandigarh pending. Since last 4 times, the opposite counsel lawyer did not turn up. My current counsel says that he is demanding 50K to appear. When talking to the opposite party they conveyed full payment to the attorney. We are in a very difficult situation since the opposite counsel does not show up, demanding money in spite of full payment.
How do we take actions against such lawyers since the Hon Judge has requested the opposite counsel to be present. This is a case of extortion. Please advice
Asked in Family Law from Meerut, Uttar Pradesh
This story does not carry an appeal to me. This may actually be a trap laid down by the opposite party itself to delay the case or preempt quashing. The opposite party may have instructed its lawyer to not to appear in the court so that the case may fall in default, whereas it may have told you that lawyer is not appearing. These tactics are adopted in the courts. All that glitters is not gold.
Be that as it may, tell the opposite side to engage another lawyer
opposite party can change their counsel
2) they can also file complaint against counsel before the bar council
You can hardly take an action against the "opposite counsel" as he is not bound to you anyway. This seems to be a delaying tactic of the opposite party. As mentioned in your notes as the counsel has not appeared for last 4 times, ask your counsel to move an application for early disposal of your quashing application in such scenario.
If this is not done, better to change your lawyer.
Best of luck.. stay blessed.
I am not sure where is the question of paying money to the OP lawyer. it is absolutely illegal and unethical.
I am equally surprised why the judge is so lenient to give time only because OP lawyer is not attending.
Insist the judge to hear the case in his absence. At least in Calcutta high court no such things happen.
1) If the opposite counsel does not appear in the court in spite of the Honorable Judge advising him to do so, the case will be decided ex-parte and in your favour.
2) A lawyer upon he accepting to appear on behalf of a client, cannot abdicate his responsibilities and demand fees for appearing.
3) It is absolute misconduct and gross dereliction of duty on the part of the lawyer and the lawyer will be punished under section 35 of Advocates Act, if a complaint is made to the Bar council.
Hope this helps
The court will not wait much for the appearance of the counsel on both sides.
The court has powers to proceed in the absence of the opposite counsel too.
Your lawyer has to put pressure before the court in this regard.
If yor lawyer also keeps quite watching the same as a silent spectator, then he might have colluded with the other side.
In such an event you may change the lawyer.