Money debt recovery
Hariharapandian
(Querist) 31 August 2017
This query is : Resolved
1)Principal creditor send me the legal notice for first appearance in court for money suit.
2) But,before the case comes to the court we both were settled the matter amicably and creditor has given his consent to withdraw the case.
3)Is it mandatory for the debtor to appear in court on first hearing.
Ms.Usha Kapoor
(Expert) 01 September 2017
Yes! since the Judgment debtor and creditor have agreed to settle the matter by withdrawing the case against the Judgment debtor by creditor from court it is mandatory for the debtor to appear before court during 1st hearing.
Yudhish Padman S
(Expert) 01 September 2017
Dear hariharapandian,
For the creditor to withdraw his case, your presence is not necessary. But to ensure that he keeps up his promise, it is advisable that you or your representative or Advocate go to the Court.
Regards,
yudhishpadman@gmail.com, Advocate, Chennai.
Adv. Yogen Kakade
(Expert) 01 September 2017
You both have to file your application of the settlement with a prayer to permit to withdraw the case. Even the person who has filed the case can also withdraw the case in your absence, but it is advisable for you to remain present before the court for confirmation.
R.K Nanda
(Expert) 01 September 2017
appear in concerned court on date fixed to ensure that creditor withdraw his case and court pass orders accordingly that suit dismissed as withdrawn.
Rajendra K Goyal
(Expert) 01 September 2017
Agree with the expert Yudhish Padman.
Kumar Doab
(Expert) 01 September 2017
Agreed with Mr. Yudish Padman,Mr. R.K. Nanda.
Dr J C Vashista
(Expert) 03 September 2017
@Hariharpandian,
You are in the habit of asking various question as:
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Seek guidance from your tutor for your questions, this site is meant for needy litigants and not to impart training/coaching.
It is abuse of this platform and Admin LCI is requested to filter and delete account of such member.
krishna mohan
(Expert) 05 September 2017
Well advised by experts. Hope you have a written agreement towards reaching settlement to file before the Court through your advocate.
Kumar Doab
(Expert) 07 September 2017
Your query in this thread also has been resolved.
Advocate Bhartesh goyal
(Expert) 01 September 2017
