Whether acceptance of undertaking must to invoke contempt proceeding
Querist :
Anonymous
(Querist) 03 January 2012
This query is : Resolved
In a high court mediation settled matter an agreement was made between the parties and last clause it was tstated the parties undertake before hon'ble court to abide by terms of agreement being entered into.
The agreement went to court with mediator report but not listed for hearing.
My question to senior members is whether acceptance of this undertaking is must by court to invoke contempt proceeding against the party who is not willing to honor the terms of settlement agreement.
If contempt is not maintainable, what is the next course of action available as per law
M/s. Y-not legal services
(Expert) 03 January 2012
no its can not be covered under contempt.,
usually if there is any possible to settlement mean court may refer the matter to mediation., mediation's success or failure, its upto parties willing.,
each and every terms and conditions to be fulfilled in mediation itself., if its fulfilled mean mediation report will be sent to justices., if mediation is success mean, by considering that court may dispose the issues.,
if its failed mean parties are liberty to proceed further before court of law.,
Devajyoti Barman
(Expert) 03 January 2012
Unless the all or both the parties make a written compromise , files in the court and stick to it till the court gives judgement on the basis of such settlement, no compromise is final or can be enforced.
Deepak Nair
(Expert) 03 January 2012
This do not amount to contempt of court unless the understanding is signed by both the parties and submitted to the court and the court has passed an order with regards to the same.
prabhakar singh
(Expert) 03 January 2012
agree with common opinions expressed here.
Raj Kumar Makkad
(Expert) 04 January 2012
Any of the party to the compromise can resile from its stand till the court passes its verdict based upon the compromise. The party resiling the compromise is not liable for any contempt even though it was undertaken to be abided by in the mediation centre.
Shonee Kapoor
(Expert) 06 January 2012
Though my understanding is also that of experts, but somehow it doesnot seem right
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
