(Guest)

Man not coming for sec. motion after mou and withdrawl of 12

man not coming for sec. motion after mou and withdrawl of 125 and dv...............6 months have passed on 19th november,2012.for one week we kept calling his lawyer and messaged also regarding giving signed petition so that we can file it.But they kept on postpoing baselessly.Then this Friday night we called the guy for sec. motion ,he told he is out of station ,and will come on tuesday/wednesday but on monday night in reply of our msg he replied that cool,we have lot of time and i am out of station.We told that he is not coming and thus breaking mou by ignoring filing..but he is not keen on paying heed to it.Now do we need to give him notice or can we file contempt straightaway?

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2 Replies

Tajobsindia (Senior Partner ) 06 November 2012

1. Patience. Better not to instigate situation.
2. The cooling period is 6 – 18 months
3. One cannot bind another to come on dot on 6 month completion. Contempt and Legal Notice will not stand in reference to context of your brief.
4. If he is out of station then wait for his return.

(Guest)

He is not out of station...Even if we think he is, he is not telling about his comeback or date fo filing etc .He has already committed purgery in 125 case by stating in the plaint that he has no income .and later his itrs were ordered by court and his income found by court.