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Lavisha Mamtanii   06 May 2023

482 Order issued by Court

Greetings,

We see a new update in our IPC 482 case which we filed. Order has been issued by M.P highcourt and it says -


Heard on the question of admission.
Let notice be issued to the respondents on payment of process fee within a period of seven days by registered mode, returnable within four weeks.
........................................
could you please explain what it means in layman's language ? What action has been taken and what the respondents are required to do ? It says respondents will have to pay the process fees but why and what is the purpose of paying ? and how much is the fees , generally ?

please and Thank you.


Learning

 12 Replies

T. Kalaiselvan, Advocate (Advocate)     06 May 2023

The order is very clear that the notice of this petition to be sent to respondent  and process fee to be paid for issuing notice by registered post within a week returnable in four week's time.

The respondent need not pay any process fee neither the respondent has been ordered to send notice

1 Like

P. Venu (Advocate)     06 May 2023

Yes, the process fee is to be paid by the petitioner. if you are respondent you need not bother about the issue until and uness the notice is served upon you.

1 Like

Lavisha Mamtanii   07 May 2023

Thank you so much,Sir ! We are the petitioner here. Lastly, one more question please. Will the respondents be given notice ? What would be the next step by court in this as we have now paid the process fee too ? And what are respondents required to do ?

please and thank you

T. Kalaiselvan, Advocate (Advocate)     07 May 2023

The court will send the notice to the respondent under its signature and seal directly after you have filed the process memo before court.

1 Like

P. Venu (Advocate)     07 May 2023

Once the notice has been served on the respondents, the petition would be heard and decided on merits. In such cases, the petitioner needs to take steps in expediting the hearing, if so inclined.

1 Like

Lavisha Mamtanii   07 May 2023

Got it ,thank you so so much !

T. Kalaiselvan, Advocate (Advocate)     07 May 2023

You are welcome for the compliments

Dr J C Vashista (Advocate)     07 May 2023

It is a notice to the respondent(s), who are summoned to appear and file their reply / counter affidavit (if it is a writ petition).

Being petitioner why are you worried about the action to be taken by your opponent(s) ? Let them decide and contest, if they feel it appropriate.

Consult your lawyer for next step(s) which cannot be predicted / tutored at this pre-mature stage.

 

2 Like

Lavisha Mamtanii   07 May 2023

Sure, Sir. Case type is MCRC not WP.

Thank you so much ! God bless the team , you all are THE BEST !

Niharika Lohan   11 May 2023

Hi Lavisha, I'm Niharika Lohan, an advocate practising in New Delhi. I've read your query and here is my take on it.

Most probably you have filed the writ to quash the proceeding in a criminal case, in which either the Police or the State is made Opposite party. Prima facie after persuing your greviance, averment, the Hon'ble High Court isuued Notice to the Opposite party (Prosecution) to put forth their stance and after hearing both the parties the Court will then decide the matter before it.

Secondly in lay man terms, Payment of process fees simply means that you have to do a certain formality and bear expenses for issuing Notice to the Opposite party.

Feel free to know more, I will be available at niharikalohan@yahoo.com 

Sudhir Kumar, Advocate (Advocate)     11 May 2023

have you deposited process fee?,

Lavisha Mamtanii   11 May 2023

Thank you dear advocates for your valuable inputs to this matter which really concerns me and my family a lot.

yes, we submitted the fees on the same day when this order was issued.

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