- This topic has 15 replies, 9 voices, and was last updated 1 year, 1 month ago by
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LHi all,
I’m seeking help regarding my mother’s ongoing case in the **Debt Recovery Tribunal (DRT) Ahmedabad**. She filed a **securitization application** a couple of years ago under the SARFAESI Act against a cooperative bank, but unfortunately, there has been almost **no progress since the filing**.
We’ve recently accessed the case records, and to our shock, we saw that:
* On **multiple hearing dates**, **neither our advocate nor their proxy was present**.
* The **bank’s lawyer was present** on some dates, but our side was unrepresented.
* On the rare occasion our advocate or proxy did attend, **nothing substantive happened**.
* Every time my mother called the advocate to ask if she should come to court, she was told not to—despite the advocate not going either.My mother is not highly educated and trusted this lawyer fully, but now it feels like her case has been **completely neglected**.
We feel helpless and frustrated. Is there anything we can do at this point?
* Can we **change the advocate** mid-case in DRT?
* Is it possible to **file a complaint** against the current advocate?
* Will hiring a new lawyer help salvage the case at this stage?Any legal guidance or shared experiences would mean a lot. Thank you in advance!
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C1. Yes, you can change the advocate.
2. Yes, you can file a complaint with the state bar council.
3. It can be salvageable, if not, then appeal it. Hard to say without looking at the case file.
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Hope it helps. -
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DHi. I’m a Delhi based lawyer. You must switch your Advocate. Try and get a grip on your matter first more than you’d want to file a complaint against him.
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HLawyer here. Sorry to say this but DRTs are the most laziest and slowest of all the courts and tribunals in our country. So, nothing happening could be more the DRTs fault than the lawyers fault. That being said, it’s not right on the lawyer’s part to miss postings and that is definitely adding to the delay.
Also, I have no idea what SA you have filed, so I cannot comment more.
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HAlso yes, a client has all the right to change the lawyer. But asshole lawyer’s tend to resist it by saying I won’t give you a release unless you pay my fees. If the lawyer goes this way, best thing to do is appear yourself in the DRT and in open court you can say that I want to relinquish my lawyer. There is nothing more embarrassing to a lawyer than that. Complaint in the state bar is not a public humiliation. But a client in open court terminating services is mortifying.
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LI agree that the delay is more of DRTs fault. But consistent absence on the dates and on the top of that she insisted that my parents should not be present at court, this is not acceptable at all.
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Dokay first, if you filed a case under SARFAESI then it means the Bank was about to sell your assets right?
has the bank taken any fresh action against assets/property/security? if not then maybe your case is DRT is better kept pending.
or are you planning to pay off the loan.?
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LThe loan was taken by the previous owner and we were not aware of the loan. We are still planning to pay the loan to get all the documents back.
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