Fw: Fast track courts Purohit case

----- Forwarded Message ----

From: tholiya <tholiya@hotmail.com>
To: tholiya@hotmail.com
Cc: Tholiya Family <tholiya@yahoogroups.com>; tholiya@yahoo.com
Sent: Sat, 23 December, 2006 4:34:42 PM
Subject: Fast track courts Purohit case

Saturday, December 23, 2006

From:                                                                                                                                                               &nb sp;             Mrs. Saroj Tholiya,

Age: 80 years,

Tholiya Bhavan, 10^th Rd. ,

Santa Cruz east,

Mumbai 400055

M: 9324225699

tholiya@yahoo.com

 

 

 

To,

Hon. Union minister for Law and Justice,

Govt. of India

Parliament House,

New Delhi

 

Dear Sir,

Namaskar.

 

I am a lady aged 80 years and a senior citizen. I have copy of mail of Press Information Bureau of India dt. 22 July 2003 (copy enclosed). The mail shows good intention of your office to provide the much required relief to senior citizens by having fast track courts.

 

However the fact at ground level is still different. Inspite of clear instruction from your office to accord priority to cases of senior citizens by having fast track courts there are none in Maharashtra . And the opposite litigant  party is able to indulge in delay tactics by remaining absent dates after dates ,seeking adjournments after adjournments , seeking long dates ,  non filing of replies in time, filing unnecessary interim notices one after another and to top it all dockets go missing. Courts are non sympathetic/ non sensitive to whole episode and they turn blind and deaf to sufferings of litigant's specially senior citizens who wait anxiously to see justice in their life time but all in vain.

 

I here by give gist of my personal experiences of delay and harassment:

 

Court room no. 35

In the court of Small causes at Mumbai

(Bandra Branch)

R.A.E. suit no. 864 of 2004

(This is a suit filed under relevant rent act)

 

1. The above suit was filed in the year 2004.
2. In the month of May 2005 we filed application to expedite the matter on the ground of one of the plaintiffs and the one of the defendant being senior citizens.
3. Until our Advocate wrote to advocate of defendants on 25-10-2005 to remain present and file reply they till then remained absent for five months and Hon. Court did nothing.
4. Order to expedite the matter was passed on 20-12-2005 .
5. Inspite of the fact that this matter was expedited yet it appeared on board on 48 no. on 28-03-2006 and to our shock with a remark DD which meant Dummy Docket which meant original case files / docket has been lost.
6. On 5-5-2006 the docket was found but was badly eaten away by white ants. Matter was adjourned to 17-06-06 for framing of issues.
7. The matter did not appear on board and we were told once again that the matter / docket is missing.
8. After daily follow-ups and written complaint finally the docket was found. Hearing started but once again on date 4-11-2004 docket went missing and matter did not appear. After personal chase on 9-11-2006 our Advocate made written application to Hon. Court to direct office to trace out the matter.
9. On 27-11-06 Hon. Additional Registrar by his letter no. A-6/BB/497/2006 informed that docket has been traced and suit is kept on board on 05-12-2006 .
10. On 05-12-2006 matter was adjourned to 20-01-2007 that is adjourned for 45 days.

Hon. Sir,

If this is a fate of expedited matter then imagine the plight and agony of other litigants. I request you to:

·        Follow up with the Government of Maharashtra to start fast track courts as envisaged by your office in above letter.

·        Ensure better amenities to courts and their office.

·        Ensure that adjournments are not given easily and delay tactics are viewed seriously.

·        Do not allow more then 15 cases per advocate at a time so that they do justice to cases in hand, they come prepared, and try to finish of the matter fast so they can take another matter in hand. Today they pile up and hoard up cases but have no time to remain present and finally take adjournments after adjournments and their clients suffer in courts for decades.

·        If one of the party or their advocate wants adjournment on genuine ground then they should inform of same in advance to other side to save the time and money spent on attending the court. Presently after making us sit down in court for hours when the matter is called out then the other side takes the date and gets away by wasting our day on which we could attend to our other work.

 

Hope you will do the needful and oblige,

Thanking you,

 

Sincerely yours.

 

Saroj Tholiya

 

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