Regarding violation of agreement
ss.k
(Querist) 11 April 2013
This query is : Resolved
Sir,
I would like to request you to clarify the following doubts;-
a) In a property dispute in delhi, one of the civil court mutually referred the case to mediation cell and accordingly both the parties have agreed to settle the dispute and accordingly a MOU was signed by all the disputed parties and a report sent to the concerned court. The court has accordingly recorded the fact about compromise held between the parties and fixed another date for compliance. Now, please clarify whether this agreement done between the parties are lawfully valid and binding for both parties?
b) Now one of the party has violated the agreement and instead of complying the agreement they are pressing to act as per their wishes which are not mentioned in the MOU. Can any kind of legal action be initiated against the other party for not complying the agreement, if so under what rule & order?
Devajyoti Barman
(Expert) 11 April 2013
Since curt has nit passed any decree on consent, the MOU is not binding upon both the parties.
The aggrieved party can retract from its commitment and seek recourse from court on;y.
Raj Kumar Makkad
(Expert) 11 April 2013
The relevant order of the court is required to be minutely gone through prior to replying your query as that is very important for the lawman and may it not be so important for a layman.
Post that order in word to word here.
