Purna C Thoudam (Emeritus Professor) 22 September 2010

Withdrawal of Appeal by Appellant himself

September 22, 2010

My father filed an Appeal in the Gauhati High Court. The Advocate engaged by him is not handling the case properly. In the meantime I managed TO SETTLE THE CASE OUT OF THE COURT. The Advocate has returned the Case File stating that he will not continue with the case but he has not given the No Objection Certificate, perhaps refused to give. Can my father apply to the Registrar of the Gauahti High Court, Imphal Bench for withdrawal of the case? Kindly advise.

Regards

Purna C Thoudam

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2 Replies

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436) 25 September 2010

Ask Dad to appear in person with an application for withdrawl stating all the facts. Appearance of the Respondent, his/her advocate and the consent terms, if any, will also help.

Two things weigh here. One, the necessary end to litigation and two, the question, 'Is everything above board?"

Purna C Thoudam (Emeritus Professor) 26 September 2010

Thank you for your kind advice. My father is 99 plus and he cannot move freely. Will it be possible for him to send the application to the Registrar of the High Court stating the facts and also notifying the removal of the advocate since he has refused to give NOC?

The dispute has been settled and the DEED OF AGREEMENT/SETTLEMENT has been registered. My uncle and the Aunt who were the respondents are eager to close the case. Their lawyer will difinitely contribute.

Thank you again

Yours

Purna C Thoudam