Legal Question in Criminal Law in India

i have won an arbitration awars in national stock exchange against my client who was directed to pay me a sum of rs forty lacs with interrest. As per procedure he had to go to bombay high court to challenge the award. Despite knowing that nasik court does not have jurisdiction he has appealed in the nasik district court. From last seven months he is adopting a delaying tactics and most of the times neither he nor his lawyer are present and the date is given. Pls let me know what i should do in this matter.


Asked on 6/28/10, 12:08 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Issue of Jurisdiction is always a preliminary or basic issue and needs to be decided before deciding any other issues.

To decide the issue of jurisdiction, the court need to hear both the parties and decide. Such hearing can be held separately i.e. your lawyer can be heard first and thereafter (may be on next date) lawyer of other party can be heard.

If a party or his lawyer is absent, it is for your lawyer to take effective steps. There is no provision in law under which court has to wait. Ask your lawyer to push the matter effectively. If you or your lawyer allow matter to be adjourned, other party can not be blamed.

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Answered on 6/30/10, 10:29 pm


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