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Apr 15, 2021 | Legal Advice

Withdrawal of a civil case in Dubai

Shivendra Pratap Singh

Advocate

Home | Advice | Legal Advice | Withdrawal of a civil case in Dubai

My friend is extorting me for withdrawal of a civil case in Dubai. I take personal loan from Indian person in Dubai. I paid some amount in Dubai and some in India remaining little amount now person is asking more payment for withdrawal UAE civil case and he harassments for open civil case in India now in this problem how can I solve the issue. Currently I m in other GCC country so any issues if I travel to India ? Indian airport police can arrest me for this civil case judgments in Dubai? How can I check immigration status India.

Question from: Gujrat

You should file a criminal case against him in India. He is extorting money from you by giving threats. Therefore, you can file a complaint under section 384 of the Indian Penal Code. You are defendant in that civil suit so, you should produce evidence towards the repayment of large amount of loan. Thereafter, the court will not take coercive action against you. You both are Indian citizen hence, the court will decide the case according to the law prevailing in India.

You have paid a large amount of loan partly in India and partly in UAE. He is an Indian citizen and has no money lending license. Therefore, he cannot claim interest on the loan. He is entitled to get principal amount. If court pass an order for interest thereupon then he can get interest. Otherwise, he cannot claim interest.

File a complaint

You should immediately file a complaint for the offence of extortion. He is giving threats with the intention to take extra money from you. He wants a money greater than the loan amount in lieu of withdrawal of civil case pending in Dubai. That is a civil case and you have paid a large portion of money and a few part is unpaid. He has received a portion of that amount in India. You are currently residing in India. Hence, you can file such a complaint in India. Section 383 IPC makes extortion an offence which is punishable under section 384 IPC.

Withdrawal of a civil case in Dubai

The court will decide whether to grant permission to withdraw the suit. You should produce evidence in the court towards repayment of a large portion of loan. Thereafter seek extra time to repayment of remaining amount. Then the court will grant a time to discharge from outstanding amount. You should appear in the civil suit through your advocate and do not cause to delay the civil suit.

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