I am facing a civil suit in a court in West Bengal. The suit has been instituted by a private limited company. I have come to an understanding with the petitioners and now i have become the director of the same company.
I want to ask the following questions in this regard:
1. What is the procedure of withdrawal of a civil suit in West Bengal? Can I file a petition of withdrawal before the judge on any day by myself and get the court to dismiss the case?
2. Does the lawyer of the petitioner has any role to play in this? I do not want the lawyer to know that I have come to an understanding with the petitioners as he would take unfair advantage to make abnormal gain out of the situation.
3. How much time will it take to withdraw the case? I don't want to reserve the right of filing the case again in the future. Will the court go for a hearing in the same matter?
4. The case was filed by the company and the signatures in the previous hearings are of the old directors. Now the directors are changed. Will that be a problem in the withdrawal. I have Form 32( Director change form from MCA) that can be provided to the court of reference.
5. Even if I dont reserve the right to file the suit on a later date, can the petitioner(The Company) still file a suit?
6. As I have become both, the director of the Company(the petitioner) and Defendant, will that be a problem in withdrawing the suit?
The case in question relates to an immovable property.
Expert advice needed please. :)
