Settlement of civil suits in lok adalat
Kumarsirik
(Querist) 20 August 2015
This query is : Resolved
Dear Learned members
This entire suit of cases pertain to failure of considerations on a land deal and subsequent dishonor of cheques issued against the purchased lands.
These suit of cases have come up for a full and final settlement in the respective courts of law
My query related to dishonor of cheque is put up for your advise in one of my queries, subject line being "Section 138 NIA Settlement at Lok Adalat"
In this query I seek advise on precautions to be taken with regards to settlement of civil cases.
The accused purchased land from me and had given it for development with a promise that a certain number of flats shall be registered to me as payment towards purchase of lands. Subsequently, when the construction completed he defaulted. He sold one of the flats that was original promised to me. I requested him to hand over the other flats and the monetary consideration he received with the hasty sale proceeds. He did not comply.
We had no option but to file a suit demanding justice.
There are other suits filed by my sisters, who have ownership on the earlier transacted land. This was only to put more pressure on the obstinate respondent of the case.
Now, the party has come for settlement before lok adalat. He insists that we draft and MOU and then file compromise notes against each of these cases and withdraw them. Against each case he would give me certain consideration of what he is due only after the case is withdrawn.
I had my doubts on his authenticity as he seemed to have a legacy of defaulting.
I wanted him to give the consideration agreed in MOU for each case before I withdraw the case. My concern is he may default again after I withdraw a case. Hi fear is that I may not withdraw case after he gives me the consideration.
This settlement process hit a roadblock with neither of us yielding to the others' approach.
I thought there should be a standard approach towards such settlements.
Thousands of such cases being dealt with in Lok Adalat would have a similar stalemate kind of situation.
I wanted to know how these situations are usually handled.
dev kapoor
(Expert) 20 August 2015
Hi,
Simply saying any case pending before a civil court can be referred to Lok Aadalat for settlement.Once the matter is settled with consent of parties or/and their advocates MOU with be drafted and case shall be sent back to the referral court for announcement of judgment.This judgment cannot be challenged in appeal. Nevertheless it is binding on both the parties like a final decree of civil court.Apparently there is no reason for fear but if he plays tactics he may delay the payment etc.So what you are required to agree during settlement in Lok Adalat by fixing a date for settlement of your cause.
Kumarsirik
(Querist) 23 August 2015
My lawyer suggested that instead of going to Lok Adalat, an undertaking can be filed in the court for the said case by both of us, wherein, I withdraw my case and the respondent shall deposit the money he owes on account of the dishonored cheques, with the court, then registers the sale deed of a flat he should give me and then I withdraw the section 138 case and then collect my money by filing a cheque petition.
May I be educated in this procedure in terms of process, merits and demerits.
Thanks
