Right of deciding when to withdraw cases
Guest
(Querist) 18 March 2012
This query is : Resolved
As per MOU, withdrawal of case has been mentioned on Date fixed.On being asked by mm "when would we take case back-after or before first motion" ,we replied -"after first motion." First motion is still due and we are apprehensive of deliberate delay by the other side wrt second motion after knowing that such incidents are common. But now mm is asking to not delay it till second motion though we asked her to let it happen after second motion only. What remedy is there?
Raj Kumar Makkad
(Expert) 18 March 2012
It is upon you to decide when to take the cases back but do not handle the rope so tight as if the same may break in between, You have also to win the confidence of the opposite party and thus have to follow MOU. Fix any in between balancing stage as per circumstances.
s.subramanian
(Expert) 19 March 2012
Yes. Mr.Makkad is right. Discretion is the better part of valour.
Nadeem Qureshi
(Expert) 19 March 2012
I also agree with Mr. Makkad's View
Shonee Kapoor
(Expert) 19 March 2012
The clarity should have been there when agreement was being done.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 20 March 2012
Either it is MOU, Total understanding.
Do not keep element of Misunderstanding there.
As such , it seems you filed in court, so act accordingly, without waiting for second motion.
Act as Mr Makkad advised
Guest
(Querist) 21 March 2012
I have heard that we can get it recorded that case is being taken back subject to payment due in second motion .Can you experts frame the exact clause ?
Shonee Kapoor
(Expert) 21 March 2012
I believe that your lawyer can draft it as per your requirement by keeping the holistic view.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 21 March 2012
@Shoneeji
Are you talking about the statement to be recorded while withdrawing the case?
Shonee Kapoor
(Expert) 23 March 2012
Yes, he would advise what statement has to be recorded.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
