Agreement amount not paid ,lok adalat appeal possible
GANGAM.RAJENDER.
(Querist) 07 February 2014
This query is : Resolved
respected experts,
the lokadalat case has been compromised on dated 23-nov-2013.
before the lokadalat the parties compromised with the conditions were written on the (100 rs) bond paper.
1.the plaintiffs are agreed to pay 28 lakhs to the defendants for compromise and they initially paid 5 lakhs to the defendants.
remaining amount will be paid after the lokadalat compromise.
2. the defendants are also agreed and they are compromised in the lokadalat on the above said date.
3.the amount perticulars are not mentioned in the lokadalat petition.
4.now the plaintiffs not binding to the agreement condition they are now saying that after the mutation on the revenue records then we will pay the remaining amount to you.
5.original bond paper with the mediators only xerox copy along with me.
6.they (PLAINTIFFS) approached the MRO with the ORDER COPY OF LOKADALAT FOR MUTATION.
Q1.AT PRESENT STAGE CAN WE GIVE LEGAL NOTICE TO THE MRO WITH XEROX COPY OF AGREEMENT FOR NOT TO MUTATE THE RECORDS.
Q2.BASED ON THIS AGREEMENT CAN APPROACH COURT FOR APPEAL.
THANK YOU SIR.
Devajyoti Barman
(Expert) 07 February 2014
The compromise made beofre lokadalat cna be executed decree of a civil court.
So file an execution proceeding for implementation of compromise.
Do send notice to MRO not to act on their application till the dispute is resolved in Lokadalat.
Rajendra K Goyal
(Expert) 08 February 2014
The compromise has been reached before the lok adalat and the decision has been passed.
The amount was not mentioned in the decree of the Lok adalat.
You do not have original of the agreement on Stamp paper but only photocopy of the same which is not admissible in evidence in absence of original. This document is only proof that you are to receive certain amount as per compromise in lok adalat.
You have a weak case in your favor.
Send notice to MRO not to effect Mutation as the terms of compromise have not been fulfilled.
Contact a local lawyer and show him all the documents.
Rajendra K Goyal
(Expert) 08 February 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Lok-adalat-compramised--451846.asp#.UvXEpYVRy_I
http://www.lawyersclubindia.com/experts/Lok-adalat-compramised--451851.asp#.UvXEz4VRy_I
