Rejoinder in consent terms (thread posted on 13/3/2013)
KETAN J SHAH
(Querist) 15 March 2013
This query is : Resolved
Respected Sir's
The words agree and under take are mentioned in the consent terms.
The words Agreed and Understood are also mentioned in the clauses of consent terms.
The decree was passed.
so can it be ab violation of consent terms and can it be contempt of court?
Does the consent term stand gets dismissed?
Please give your valuable opinion.
Thanks in advance
prabhakar singh
(Expert) 15 March 2013
Unless a compromise deed (which you prefer to call consent term)does not specifically contain a clause that in case of breach of any of the terms agreed by one party would be got executed by the aggrieved party by seeking of execution of the compromise decree itself and no fresh suit would be required to deal such a situation,ON ANY SUCH BREACH NO CONTEMPT ETC. GETS CONTEMPLATED,ANY SUCH BREACH WOULD SIMPLY GIVE BIRTH TO A FRESH CAUSE OF ACTION TO SUE FOR BREAH OF THE CONSENT TERMS.
Raj Kumar Makkad
(Expert) 16 March 2013
Nothing to add more except a suggestion to raise further clarification in the same thread which had been started by you initially for the resolution of your query.
KETAN J SHAH
(Querist) 16 March 2013
Dear Sirs,
Extremely thankful for your valuable opinion.
Sir, it is for the first time that I have not been able to understand the answer posted for the above query.
Sir it will be very kind of you if the above answers can be simplified for better understanding
Thanks in advance
Devajyoti Barman
(Expert) 16 March 2013
What simplification you are seeking more. It is already there.
You may post your specific doubt.
ajay sethi
(Expert) 16 March 2013
what prabhakar singhji meant was you have to read the terms and conditions of the consent terms . if there is a clause in those terms that on violation of undertaking given you can take execution proceedings to execute the consent dcree then you are protected . you need not file fresh case
