LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kedar Wagh (Secretary)     24 November 2018

Strict compliance of consent terms

A entered into Consent Terms with B.

B was supposed to pay A agreed amount on specific dates in installments with interest on reducing balance.

It was also agreed that upon default made by B by not making payment on specific date would result into A proceeding with Execution Application.

B defaulted to make payment of one of the installment on the date specified. B made the payment of the said installment after a gap of 10 days without interest.

A reminded B to pay the interest and mentioned that it will be counted as a default. B made the payment of interest to A. A accepted the payment of interest without prejudice to his rights to proceed with the Execution Application.

A claims that he has right to proceed with Execution proceedings. B has challenged the said Execution Application.

Kindly advise what is the legal position of A in the present matter. Also if possible request for some case laws to help A in this matter

Thanking you



Learning

 3 Replies

Suri.Sravan Kumar (senior)     24 November 2018

since B has challenged the EP, he will get opportunity to cross examine A.

SHIRISH PAWAR, 7738990900 (Advocate)     24 November 2018

A has rightly proceeded with execution appliaction. 

Kedar Wagh (Secretary)     26 November 2018

Thank you for your input


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register