Supreme court agrrement
s
(Querist) 30 August 2012
This query is : Resolved
Dear Sir,
my husband is no more so my inlaws filed a case against me for his benefits.
as per the agreement entered in the concialiation centre of high courton order of supreme court.i was suppsed to be paid the amount and after receipt within 30 days i will give them the NOC to claim any dues from the company.
but now they r refusing to give the money until i give an NOC that i have received all money from them.
can any legal action be taken.
please advice
Devajyoti Barman
(Expert) 30 August 2012
Do not sign earlier nor later.
Insist on doing both the things simultaneously.
s
(Querist) 30 August 2012
but sir according to the agreement only once i receive the DD,i should give noc since if i give the NOc and take the DD by the time I deposit it they may order stop payment and i would have already given the NOC.
cant they be charged of contermpt of court since they are violating the agreement entered in the honourable supreme court
Anirudh
(Expert) 30 August 2012
Your fear that once you give the NOC, and take the DD, by the time your DD is encashed they will stop payment of the DD is unfounded.
Unlike the Cheque, which they can effect stop-payment, in the case of DD, they have no such hold - because they obtain the DD only after making payment to the bank, then the Bank is liable to honour the DD to you and not the persons who give the DD to you.
Except to take care (as rightly advised to you by Mr. Barman) that you give the NOC simultaneously when you get the DD, there is nothing else you have to worry. Once the DD is in your hands, your in-laws cannot stop payment of the same.
R.K Nanda 
(Expert) 30 August 2012
Take DD and give NOC.
Sudhir Kumar, Advocate
(Expert) 30 August 2012
Your facts are not clear.
Whatr are the dues?
What was the agreement?
How Supreme Court came in picture?
s
(Querist) 31 August 2012
actually my husband is no more so my inlaws filed a case against me for his assets and after death benefits and my gold is with them.
for me it was not advisable to travel to thier place so i filed a transfer petition with supreme court.then they ordered a concialiation.we agreed tht they will send the DD to me for my gold only and once i receive it, within 30 Days i will send all NOC to them.all of them signed the agreement including inlaws.
now they refuse to give the DD
they want an NOC from me that i have received all amount and once they receive tht they will send me the DD.
s
(Querist) 31 August 2012
thank you burman sir,nanda sir and anirudh sir.
s
(Querist) 31 August 2012
i found with the bank tht it is possible to stop payment also under staement like they misplace it or lost it.
please advice
is it not contempt of court?
and since they r taking all his assets will i be liable to any of my husband's liability
Sudhir Kumar, Advocate
(Expert) 31 August 2012
have you consulted you lawyer. Dtention of your gold is offence.
