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I got stay order for installation of tower should I take back the case
03-Feb-2023 (In Civil Law)
A base to install reliance broad band tower was made on our neighbour's roof we filed a case and got a stay. after 3 years our lawyer says the company will not install the tower and we should take back the case. Is the lawyer favouring the other party What will be the consequences and what steps i should take to aviod any troubles in future now the advocate has shown us the letter by reliance jio but earlier it was reliance broad band can i get compensation also
It entirely depends upon the nature of the suit you filed against the Company and it's executive,. Although the stay has been given but you might have asked additional reliefs also along with the stay application , so if the other relief which you have applied for is not granted as of now , withdrawal of the case is not advisable.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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You have to take in writing that opposite party shall not install any tower upon the roof of your neighbour,Or opposite party should file an affidavit before the court that they shall not install the tower.i can not say whether your lawyer is favouring you or not,but I can suggest you to take it in writing with the seal of the court.There will be no compensation
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Adv. Anees Ahamad
Delhi | 25+ Answers
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To avoid inconvenience before taking any decision consult to a better lawyer may be your lawyer got some benefits from the OP that's by he is suggested to u withdrawal the matter. Without any deed or given in writing
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Adv. Akhil Verma
Delhi | 400+ Answers
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if the stay is an interim stay and if you withdraw the case then the company will not be legally bound by it and will be at liberty to install the tower. an interim stay is a short term stay granted until the matter is pending before the case. but if the stay is a permanent injunction then even if you withdraw the case the company will not be allowed to install the tower. it is best if there is a final judgment by the court.
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Adv. Neelambari Perumal
Delhi | 25+ Answers
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In the case filed by you since you have a stay order, there ought not be any installation till the order subsists. there is no such thing of withdrawal or taking back the case without any proper adjudication thereon. In that event the opposite side in the absence of stay may go ahead with installation. It is better either to have a statement recorded by the opposite side to not do any installaton or have the matter authoritatively decided by Hon'ble Court.
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Adv. Aditi Gupta
Delhi | 25+ Answers
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