Offer for compromise-how effects the right to sue?

It does not affect his right to sue on original terms if the compromise is not carried into effect. 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

if the creditor offers the compromise it would be wise to use it  and settle the matter amicably in written form if the matter is pending in the court try to refer the matter to the lokadalat and settle the matter at the earliest,  generally creditors do not offer the compromise but in your case the creditor is offering the compromise make use of it try to make  the payment in   instalments if you cannot make the payment in one time settlement .

if the compromise  fails the creditor  does not lose  the right sueing against  you it seems you want to avoid the debt payment by hook or crook it seems that  you thinking the promisory executed by you might be lapsed i.e it has become an time barred debt.

Thanks Shri Bharat Chughji for your such a succinct reply

Thanks Shri Bharat Chughji for your such a succinct reply

Thanks Sh Hari Sri Chunduru

Actaully I am the Creditor to whom money is due

I am contemplating legal action against the Debtor but I was also strongly thinking of giving an offer for a compromise before that and would like to resort to suit only as a last resort

Actually I work for orphan Children and I helped an Orphan to copmlete his MBA studies and paid his fees etc and after completion of teh studies also arranged for a Job with a bigCompany at a decdent monthly Salary

It was agreed that he will start repying me as soon as he gets a Job but the Guy seems to be dilly dallying now

Dear Shri Hari Sri Chunduru

Your second reply is the right one in line with Bharat Chighji's reply

However the inference drawn by you when you make the following statement is not corrct

You have stated that "it seems you want to avoid the debt payment by hook or crook it seems that  you thinking the promisory executed by you might be lapsed i.e it has become an time barred debt.

It is not like that 

Actualluy I am the creditor and the debtor owes me a sum of Rupees 4 lacs which I gave for his son to complete MBA

Now his son has got a Job of Rupees 50000 per month (this also due to my efforts) but my money is not coming back. So I was contemplating giving an offer of settlement as a first step before filing a suit. 

That is why I asked that

Thanks anyway 

So Shri Hari Sriji

These are the 2 cases where I am the creditor

The problem is that while in one of them I have an agreement but the other one is without any legal or formal agreemt (There is no agreement in the case where I helped  the son of my friend whose Father took the money-though there ar e304 witnesses to teh money I gave

In the case of orphan child I have a formal agreemnt