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Ramon   18 January 2019

Withdraw city civil suit, penalty & refund of court fees

Hi,

 

I have filled a case in city civil court in Mumbai with all the evidences w.r.t our pending payment of fees for approx. 10 lacs from a client. As a Plaintiff our case has not moved ahead in past 7 years due to our bad lawyer. Our advocate has taken full fees but never attends court and misguides us.  I have spent a lot of money on court fees and lawyer fees but nothing is happening with the case. Defendant’s advocate is good and attends the court regularly.

 

At this stage, I have wasted several years in thinking about the matter and want to withdraw my suit on immediate basis.  Hence, I have following queries –

1) Can I withdraw my suit as a plaintiff and will this have any negative effects on me? Can the defendants counter fire on me taking advantage of my bad lawyer ?

2) Will the suit be dismissed with penalty or at no cost ?

3) What is the procedure to withdraw the suit so that I don’t have to face defendants lawyer nor face any hearing? Can i do this withdrawal procedure myself alone or can my advocate do it by himself without I attending the court? How long does this process take and what are the stages ?

4) My recovery amount was around Rs.10 lacs for which I had paid court fees of around Rs.25,000/-. Will I get the refund of court fees in the case of withdrawal of my suit? 

 

Look forward to hear.

 

Regards,

VK Ramon



Learning

 5 Replies

Shashi Dhara   18 January 2019

Which state do u belongs and which court u have filed.

Ramon   18 January 2019

As mentioned earlier, it is filled in City Civil Court in Mumbai, Maharashtra State.

Look forward for you reply.

Thanks!

Shashi Dhara   18 January 2019

As itis civil litigation withdrawing doesn't effect u.u file application before court that u r with drawing the suit.the refund of court fee is as per law.u r your advocate may file application to with draw suit Court will give permission.

Shashi Dhara   18 January 2019

It takes one day if court gives permission

Ramon   29 January 2019

Awaiting the reply to above mentioned queries.

Rgds,


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