Cheque Bounce case - Jurisdiction issue after SC Judgment
Bought a property in Mumbai. Got to know that two times, some part of building was demolished by BMC due to no compliance of certain law. Decided to sell off. Sold to Buidler due to BMC approval issue. Got some cash & a cheque from builder. Cheque bounced in 2010 & filed a case in Surat. Summon was delivered to Builder. He came to the court/ Surat but judge was not available due to certain issue. We got to know that our lawyer was equally responsible for that happening.
Now as per Supreme Court judgment, Lawyer withdrew the case over Jurisdiction issue and asked us to file a case in Mumbai within 1 month otherwise case will lapsed.
1. Is he right about the withdrawing the case?
2. If yes, what is the time to file such a case again in Mumbai?
3. Previous history will be considered?
4. What will the procedure?
5. Delivering a summon to Builder is a pain...will i have to do that again?
6. Is there any special fast track case for this type of cases after SC judgment?
Kind advice needed urgently. If someone interested to take it forward in Mumbai, please let me know.