legal notice and waiting period

mahendrakumar (Querist) 20 December 2009 This query is : Resolved
how long should one wait before proceeding further after serving legal notice?

i.e,in the legal notice,i have informed the opposite party that unless,i receive proper resonse within 15 days,i intend to move further.

so after the period of 15 days no response comes,how long should one wait (as a prudent practice) before moving ahead with available legal remedy?

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Raj Kumar Makkad (Expert) 20 December 2009
If the opposite party comes within the definition of state then you should wait at least upto 60 days of the receipt of legal notice and in other case a period of 30 days is sufficient.

Devajyoti Barman (Expert) 20 December 2009
There is no specific time limit to initiate a legal proceeding except in the circumstances as the law mandates e.g notice u/s 80 of CPC or u/s 138 of NI Act. Unless you disclose the nature of your legal proceeding it is difficult to state the requirement of time.

N RAMESH. (Expert) 20 December 2009
I agree with Mr.Barman

Anish goyal (Expert) 20 December 2009
As per my knowledge if the notice is mandatory in a case then it is send to create cause of action in some cases. But where cause of action is there and no mandatory provision as regard to notice then no need of notice

adv. rajeev ( rajoo ) (Expert) 21 December 2009
issuance of notice is to claim he cost of the suit.
I agreed with Raj Sir.
In case of govt., notice u/s 80 oc C.P.C. is necessary giving 60 days time.
In case of declaration suit, money recovery suit after the notice period is over within 3 years you can file the suit.

Guest (Expert) 24 December 2009
You can file complaint after the lapse of notice period.And I also agree with the above contentions.

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