Pls reply in respect of compromise deed after arbitration
Amandeep Singh
(Querist) 30 September 2009
This query is : Resolved
My father Gurchaaran Singh after death left two properties one at Mohali and other at LUDHIANA. aS PER ARBITRATION AWARD the property of Ludhiana came to my share and property of Mohali to other brother.MY brother challenged the Award and demanded that the Award may be set aside on the following ground, that he has spent Rs. seven lac for the reconstruction of Ludhiana house and also demanded that an oral promise was made that RS. 12 LAC will be paid after issue of TS 1 OF M.Corp.He has no proofs in respect of such claims and he had not spent any amount in respect of the same.
After that acompromise deed has been signed in court and it was accepted that RS.549,000 will be paid to my brother and the para reads as under :
"0n receipt of Rs.549000 all the claims of Kuljit Singh in respect of the estate of
GURCHARAN SINGH shall be fully settled."
Please answer how much money I have to pay my brother Kuljit Singh.
Raj Kumar Makkad
(Expert) 01 October 2009
There is no scope of reconsideration of settled claim hence dont worry. The award shall remain intact in the given facts.
Adinath@Avinash Patil
(Expert) 01 October 2009
The Award is final, it remains as it is. subject to appeal is not prefered.
Sachin Bhatia
(Expert) 01 October 2009
Don't worry The Award is final, it remains as it is. There is no scope of reconsideration of settled claim.
H. S. Thukral
(Expert) 08 October 2009
The question though replied by me in the 'experts' columns in earlier query saying that the the decree would be a nullity but now I came across a judgement of SC titled Munshi Ram v Banwari Lal 1962 AIR(SC) 903, which suggests my opinion earlier given and opinion of my Ld. frineds is wrong, The court can substitute modification to award in its decree on a compromise deed entered between the parties. I am yet to come across any other judgement over ruling the above law.
