seema sharma ( manager) 03 August 2012
sir,
I am frm the part of a finance co., our co. initiated a s.138 case.but the judhe implied on us a cost of Rs.1000/- for non delivery of some documents.
at this stage now we want to withdraw the case due to some other reasons.
what should we do, is it must to pay cost or we just absent from the court for 2-3 consecutive dates and it will automatically dismissed by judge , without having to pay cost.
pls guide
Gopikrishna Kalyanam (Lawyer) 03 August 2012
Dear Ms. Sharma,
Please do not abstain from Court proceedings. It will not get dismissed for non-appearance. The Court can issue a Warrant against the Co. Please appear,pay the cost and file a Memo to withdraw the complaint.
Best Wishes
seema sharma ( manager) 03 August 2012
but we r the one who initiated the matter.now it is settled outside the court, and we want to avoid cost.pls guide
Gopikrishna Kalyanam (Lawyer) 04 August 2012
Dear Ms.Sharma,
File a memo that you hve settled the case and want to withdraw. Make a representation regarding the cost to be paid. The Court may accept and allow you to withdraw without paying the cost imposed on you earlier.
Best Wishes
RAHUL KANSAL 9041629676 (ADVOCATE) 12 August 2012
helloo ,
you should definitely apper in court and make a statement in court or apply in court for raffer the case to be reffer for lok adalat and made compromise there by making a statement there .
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