How to initiate out of court settlement
Stephen
(Querist) 19 March 2019
This query is : Resolved
Dear Experts,
I am standing as GPA for one of my friend (Plaintiff) who is living abroad who got his plot cheated by the seller / defendant. A OS and Criminal case has been filed. While with lot of persuasion the OS/5854/2016 has progressed to the extent of cross examination on both sides (Plaint & Defendant) including proof of certified copy of prior OS/598/1998 ORDER decreed in 2010 gone against the defendant. While the same defendant is seeking court monitored survey which hearing is kept pending by judge. Now I am seeking few help and advice from the experts in this panel:
a) Who can initiate out-of-court settlement? i.e Me (GPA) OR my friend (Plaintiff). If either of us How and When to initiate and how to inform the court / judge.
a.1) Will the judge / court ensure the amount of 26 lakhs claimed in our OS is paid fully by defendants and how would they validate whether the money is paid by defendants. Besides what timeframe would court allow for defendant to honour
b) With OR Without out-of-court settlement what are the subsequent stage of this OS need to proceed
c) What bearing / help would this court provide is pertaining to criminal case filed for same reasons against same defendants in respect to with / without out-of-court settlement?
The above advice and suggestion I ardently seek because the defendant has a habit of cheating similarly others with main reason being we don’t know the whereabouts of the defendant (though he appeared for cross examination) and we don’t know any assets so as to attach as collateral till he repays the money. I desperately need your advice and steps so I can help my friend with right advice before we take this step.
Warm Regards
Stephen
Stephen
(Querist) 20 March 2019
Dear Sirs,
Awaiting your valuable advice and suggestion to my query.
Kindly help.
Thanks
Stephen
KISHAN DUTT KALASKAR
(Expert) 20 March 2019
Dear Sir,
It is better for you to seek their advise in person with any of the expert on this platform as your questions requires more time to answer and further documents to be perused.
Please mark “LIKE” if satisfied by my answer.
Stephen
(Querist) 20 March 2019
Dear Respected Kishan Dutt,
Many thanks for your response.
While I'll definitely await to seek in person advice. I desparately seek few pointers to my queries a).. c) with the outline of the current state of the case which pending court evaluating whether to allow / not to allow defendents request for court monitored survey of the layout.
Appreciate your patience and understanding.
Regards
Stephen
Guest
(Expert) 20 March 2019
Once the Cross Examination is completed there would be Oral and Written arguments of both the sides and the case would be concluded and posted for judgement which would take maximum 6 months more
Guest
(Expert) 20 March 2019
At this stage there is no need for any out of court settlement as you say the other side is not trust worthy.
Guest
(Expert) 20 March 2019
Just Follow the advise of your Advocate who had very well brought your case to the Final Stage.
Guest
(Expert) 20 March 2019
Out of Court Settlement is an Compromise agreement between two litigants to settle a matter privately before the court has rendered its decision/ final order and to with draw the suit filed.
Stephen
(Querist) 20 March 2019
Dear Respected NJS Rajkumar,
Appreciate your response and thank you so much for you valuable direction.
Regards
Stephen
P. Venu
(Expert) 20 March 2019
The matter could be referred to Adalat for out of court settlement. If a compromise is arrived at, an award would be drawn up and this could be got enforced, if need be, as a decree of the civil court.
Stephen
(Querist) 20 March 2019
Dear Mr. Venu,
Thanks for your inputs and response.
Regards
Stephen
Guest
(Expert) 20 March 2019
Well Advised by Advocate Mr.P.Venu and in case of going to Lok Adalat you plead the Judges orally to collect the Present address proof of the Other side and in case of continuing in the same court a Petition could be filed regarding the address and Proofs. Discuss with your Advocate.
Stephen
(Querist) 20 March 2019
Dear Sirs,
Highly appreciate your responses and advice.
Thanks & Regards
Stephen
Guest
(Expert) 20 March 2019
Welcome and All the Best ,,,,,,, Please.
krishna mohan
(Expert) 22 March 2019
Lok Adalat could be a better option if the respondent is willing for. You can try as it will facilitate a time bound solution and avoid appeal and delay the case further.
