NIMIT MUNDHRA (Article) 24 July 2013

Withdrawal of civil suit

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. :)

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7 Replies

Suri.Sravan Kumar (senior) 27 July 2013

the best thing is to get the understanding/compromise recorded in the court. Your Lawyer knows the procedure. It will not take much time. If posible get your case referred to Lokadalat where you can record your understanding.

NIMIT MUNDHRA (Article) 27 July 2013

It is not possible to have the compromise recorded because of personal reasons.

Kindly tell me if the court will entertain a bilateral withdrawal petition by the plaintiff and the defendants themselves (not the lawyer of the palintiff or the defendants) on the grounds that they have reached a compromise with the defendants and want to discontinue all legal proceedings.

Suri.Sravan Kumar (senior) 28 July 2013

you can file a memo stating that matter is compromised and the case be dismissed as settled out of court.

NIMIT MUNDHRA (Article) 29 July 2013

Dear Sir,

Can I file this memo myself or would I have to go with the lawyer. Also, Will the court ask for the settlement agreement?

Suri.Sravan Kumar (senior) 29 July 2013

if you are appearing as party-in-person you can file by yourself. If you are represented by an Advocate the memo has to be filed through him only. If you want to record the compromise better get it referred to lokadalat where the order will be passed as per the settlement agreement.

NIMIT MUNDHRA (Article) 29 July 2013

Thanks a lot, Sir.

surjit singh (Assistant) 31 July 2013

since you have become director of the company asking for withdrawal willl be conflict of interest. constitute a general body meeting asking for taking a decision for withdrawal of suit without your any intereference in the meeting .. when the decision is arrived at , ask any of the signatory to file an application for withdrawal of the suit saying the matter has be settled amicably.