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Sagnik (Management Trainee)     07 March 2013

Enforcement of a decree

Dear all,

A dispute between our company & a creditor was settled after entering into a compriomise agreement & thereafter it was recorded by the court, vide a joint application from both the parties as per O.23 R. 3 of CPC. Thereafter the court came to a decision that adequate court fee was not paid by the parties & therefore the court ordered that a decree be drawn up recording the said compromise agreement , but the said decree must also bear an endorsement  that the same shall not be executable untill the remianing court fee is paid.

Can we act in terms of the decree now or should we have to pay up the said court fee before taking any action in terms of the said agreement ?

Kindly explain the enforceability of the said the said decree & compromise agreement in light of the said endorsement. Does it affect in any way the rights of the creditor & the debtor ?

Regards,

Sagnik Sanyal



Learning

 1 Replies

Rajendra Shrivastava (advocate)     08 March 2013

decree will only be executable on payment of court. only in accordance with decree agreement can be inforced.


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