Enforceability of a decree

Sagnik (Querist) 07 March 2013 This query is : Resolved
Dear all,
A dispute between our company & a creditor was settled after entering into a compromise agreement & thereafter it was recorded by the court, vide a joint application by both the parties as per O.23 R. 3 of CPC. Thereafter the court came to a decision that adequate court fee was not paid by the parties & therefore the court ordered that a decree be drawn up recording the said compromise agreement , but the said decree must also bear an endorsement that the same shall not be executable until the remaining court fee is paid.
Can we act in terms of the decree now or should we have to pay up the said court fee before taking any action in terms of the said agreement ?
Kindly explain the enforceability of the said the said decree & compromise agreement in light of the said endorsement. does it affect the rights of the creditor & debtor ?
Regards,
Sagnik Sanyal

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