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mesuggest (prop.)     20 May 2015

Regarding consent term

I had filed RCS u/o. 39 for injunction and declaration in March 2015 and the parties were issued show cause notice.

But toady morning the opposite party phoned me and he is ready to pay 80% amount by Demand Draft and balance in installments which is acceptable to me and he is ready to file consent terms as I desire.

the next date is in June 2015.

So I want to with draw the case and stop the service of summons to the opposite party and his guarantors.

Can I do so immidiately instaed of waiting for next date in June ?

How to file consent term in Court ?

Also guide other related points.

THANKS

REGARDS,

 

 

 



Learning

 2 Replies

mesuggest (prop.)     20 May 2015

Additional information

The notices were issued to opposite parties in May 2015 and the next date is June 2015 and till today the summons were not served to them.

thanks

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 May 2015

Sir,

 

Move an application before the concenred court and say that the other party is ready for out of settlement and you wanted to withdraw the case, but as a precautionary measure better take the draft before the court on the date already fixed, reason being that will put a burden on the party to be more careful and consious of the fact that the draft was given in the presence of the court and withdaraw it on the same day. 

 

Warm Regards 

Kapil Chandna Adv 

9899011450


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