[RohanDheman]

Originally Posted by suhaas307

Yes, the Judge does dictate to the steno who records the proceedings on the Order Sheet, which is in turn annexed to the Court File and moved to the pending branch. There are always two sets of the same file, one is the Hon'ble Judge's set and the other is the Court's.

Unfortunately bro, there arent two sets. The Orders (collectively called the order sheet) is annexed to either the first pages of the file or maintained in a separate file all together. The files are generally taken out 1-2 days before a matter and sent back to the record room post the hearing and when the last order is typed, signed and made a part of the record. So there is just one set that is kept. However, if there are two persons presiding over the bench, two sets would be there.

Basically the set for the judges, is the set for the Court.

Originally Posted by harishv

Next date - 19th August

They are trying to find the file. The papers along with it.

Harsih, there would be a register in the record room and also in the court keeping a record of the files (on a daily basis). Please check that to find out the exact movement of the files.

I am a lawyer by profession and trust me in a special forum (consumer court in this) its not that easy for a file to go 'missing' for too long.

Cheers
Rohan

[suhaas307]

Originally Posted by RohanDheman

Unfortunately bro, there arent two sets. The Orders (collectively called the order sheet) is annexed to either the first pages of the file or maintained in a separate file all together. The files are generally taken out 1-2 days before a matter and sent back to the record room post the hearing and when the last order is typed, signed and made a part of the record. So there is just one set that is kept. However, if there are two persons presiding over the bench, two sets would be there.

The two-set-per-file system is usually the practice followed in the City Civil Court, Magistrate Court and most other Courts, Forums and Tribunals in Karnataka. Hence the confusion.

[RohanDheman]

Originally Posted by suhaas307

The two-set-per-file system is usually the practice followed in the City Civil Court, Magistrate Court and most other Courts, Forums and Tribunals in Karnataka. Hence the confusion.

No wonder the confusion. Up north, its just the judges file. Fortunately in the Delhi High Court now a lot of filing is e-filing (complete with digital signatures) which would elimate the rather unfortunate situation that Harish is in.

Really wish we followed a uniform system everywhere.

Rohan

[suhaas307]

Originally Posted by RohanDheman

No wonder the confusion. Up north, its just the judges file. Fortunately in the Delhi High Court now a lot of filing is e-filing (complete with digital signatures) which would elimate the rather unfortunate situation that Harish is in.

Really wish we followed a uniform system everywhere.

Rohan

Unfortunately though, it's going to be a while before they migrate to the e-filing. The High Courts are sure to get it in a few years but it will take a long while before it trickles down to lower Courts, Forums and Tribunals.

Harish, please don't lose heart. The file will be found and proceedings will resume.

[sudev]

Another twits in long chain of events. Hang in there harishv - this is very much about Skoda being insensitive and not owning up to their name.

[hrman]

Hang in there Harish. Am sure you will get justice soon.
And the missing file is just a delaying tactic, probably in cahoots with the court staff and manufacturer. Is'nt it such a sad state of affairs with the judicial system? Absolutely no faith in them to deliver speedy justice.

[drmohitg]

Slightly offtopic but what happens if the file is really lost and probably destroyed, either by accident or deliberately? Does the proceedings then have to start from day 1 again?

[diffsoft]

Originally Posted by suhaas307

Unfortunately though, it's going to be a while before they migrate to the e-filing. The High Courts are sure to get it in a few years but it will take a long while before it trickles down to lower Courts, Forums and Tribunals.

Harish, please don't lose heart. The file will be found and proceedings will resume.

Dear Suhaas:

From your profile I can see that you are from the legal profession so I feel heartened to read the above.

The current headlines on the judiciary as well as some compromised judges I have personally heard of (worse, in Public Prosecution cases) makes me wonder if the judiciary has let down the country more than the politicians. The latter are atleast judged by people once in 5 years.

To top the irony, they derive their power from our tax money!

Cheers,

[RohanDheman]

Originally Posted by drmohitg

Slightly offtopic but what happens if the file is really lost and probably destroyed, either by accident or deliberately? Does the proceedings then have to start from day 1 again?

Mohit bhai in that case the courts usually seek the help of the counsels to re-create the file and the proceedings go on from where it stopped prior to the file being lost.

It is because of this reason that all files in various courts in Delhi are now being scanned and proper records maintained.

Hope this helps!
Rohan

[drmohitg]

Originally Posted by RohanDheman

Mohit bhai in that case the courts usually seek the help of the counsels to re-create the file and the proceedings go on from where it stopped prior to the file being lost.

But are such recreations in any way close to the original truth? Or the less affluent/weaker party's version gets more dissolved, if you know what I mean.

I am all for digitalisation of all such things. Although pretty sure there also the risk of losing or making a file disappear still remains.

@Harish: When is the next date?

[sarathlal]

All this while, wondering what Skoda gained by putting one of their customer go through all this and and why.

[RohanDheman]

Originally Posted by drmohitg

But are such recreations in any way close to the original truth? Or the less affluent/weaker party's version gets more dissolved, if you know what I mean.

I am all for digitalisation of all such things. Although pretty sure there also the risk of losing or making a file disappear still remains.

@Harish: When is the next date?

No dilution of truth. whenever any filing is done, it is mandatory to serve a copy on the opposite side. Therefore contents can always be verified.

Yes, the risk does remain in any given situation for loss of data but is hugely mitigated in case of digital copies.

The next date in the matter is 19 August.
I have asked Harish to verify the details from the record register of the court and the record room. That should throw some light on this.

Rohan

[harishv]

Thats right. The file will be reconstructed.

They next date is 19th August.

[Gannu_1]

Originally Posted by sarathlal

All this while, wondering what Skoda gained by putting one of their customer go through all this and and why.

I used to think the same sometime back. All they had to do was to proactively accept their misdeeds, provide him a new replacement and move on. It would have been a win-win situation for both the parties. Instead they chose to fight it out, had a company representative register on the forum, threaten the forum for supporting Harish and has now dragged it to no end.

I respect Harish’s patience and endurance however. I sincerely hope you get a speedy and favorable justice. You have our support.

[Dry Ice]

Originally Posted by sarathlal

All this while, wondering what Skoda gained by putting one of their customer go through all this and and why.

Reputation!

Look at their sales figures and anyone can guess what kind of reputation. With the free flow of info these days, even normal (read non car savy, aam janta) customers are also aware that the big boss of Skoda is VW. Have a look at their numbers too.

Hang in there Harish.