Latest about the Ex-gratia case at Delhi High Court:
The Ex-gratia case was appearing daily in the cause list as a regular case / part heard since 4th April 2014. Due to the reason of list of advance fixed cases and fresh cases in the criminal matters in the roaster of the Hon’ble Judge who had heard this matter in part and the same cannot be heard by any other judge, we have no alternative but to wait. Now since 1st January 2015, the Hon’ble Judge has been assigned the Company matters and the matters part heard by him will be listed as Special Bench matters before him every Friday. Our Counsels are watching the position and would appear as soon as the matter would reach the stage of hearing in accordance with its position in the list.
We remain concerned about the delay which is beyond our control. However, we are in touch with the lawyers about the remedies. One remedy may be that we may file an application before the Judge praying to release the matter from the list of part heard matters. But the risk is then this matter would be again listed in Regular matters to be heard by the judge hearing service matters afresh. Presently the matters filed in 2001-2002 are being heard in that category and the delay would be much more in our case as our matter is of 2008. It is why we have to wait till the matter is listed and heard by the same judge who had already heard the matter in detail and only Bank’s Counsel has to conclude.
the Ex-gratia case at Delhi High Court:2014
The case was listed at S.No.3(a) as a regular Part heard case in the cause list. However the court was not held on the day for administrative reasons. Bank's lawyer wanted another date , to which our lawyers did not agree. As such, the case remains on board and may be listed when the Court resumes after the holidays i.e. on or after 18th April,2014.
3rd may 2013-Court proceedings
Our matter of Ex-Gratia before High Court of Delhi came up for hearing today at about 11.30 a.m. The bank's counsel was absent for the third time.
Resuming submissions on our behalf, our Counsel said that the case has been extensively argued by both the sides and now it needs to be decided by the Hon’ble Court.
Agreeing to our counsel's pleas the Hon’ble Justice Shri Suderhsan Kumar Misra remarked that he feels that such cases, in the interest of justice require continuous hearing without any adjournment but was dismayed that still the hearing is not concluded and it is difficult to recapitulate all the finesses of the arguments made by both the parties. Our Counsel appreciated the efforts made by his Lordship in making extensive notings of the submissions of the parties to which the Hon’ble judge remarked that the case notes are old and lengthy and it becomes necessary to hear the parties to find relevance of the notes with the legal arguments made. Only the sequence of events in oral arguments can help arrive at the correct perspectives involved.
Accordingly the next date of hearing is now fixed on 12th July 2013.
RBI NEW DELHI OERS OPTEES & PENSIONERS' WELFARE ASSOCIATION & OTHERS
Reserve Bank of India;
As the hon'ble justice was made part of another bench on 8th March, 2013, and our case being a regular matter can be listed only on a friday, it has been marked for listing on May 3 2013.