settlement done in mediation cenre of Dwarka Courts Delhi
Dr.Charanjit Gandhi
(Querist) 02 October 2010
This query is : Resolved
SIR.
I have done settlement of Personal loan in Mediation centre of Dwarka Courts with aBank in which Bank agreed to issue NOC within 15 days.Now they are not isssuing NOC.My question is
Can this settlement be forced LEGALLY.Is this settlement binding.
If the Bank doesnt issue NOC ,Doesit amount to contempt of court.
How to proceed.
Does it amount to mental torture.
I have deposited the settled amount well in time.
Thanks
Devajyoti Barman
(Expert) 02 October 2010
If the settlement is made before the Lok Adalat then it is binding upon both the parties and amenable to execution like decree of the court. But if t was only an attempt to reconcile between the parties so a more formal settlement can be drawn then it is not binding.Check any order is passed or not about the said settlement.
Dr.Charanjit Gandhi
(Querist) 02 October 2010
Sir ,
Thanks. Can you advise the next course of action Settlement was done in the Mediation Centre of Dwarka courts, Delhi.
But the Bank is not issuing NOC after receiving settled amount well in time.Is there any value of such settlements done in THE MEDIATION CENTRES OF COURTS. CAN IT BE ENFORCED.
Kiran Kumar
(Expert) 02 October 2010
Mediation centers basically are another form of lok adalat.
since both the parties have consented to the settlement and such a settlement has been conveyed to the court as well further you have played your part too. So, you may give application to the court in order to compel the bank for issuing the NOC.
but in case it was merely a formal offer which has not been accepted by the parties formally then there may be some trouble at your end.
s.subramanian
(Expert) 02 October 2010
Yes, It can be enforced. It is as good as a compromise decree passed before a regular civil court.
H. S. Thukral
(Expert) 08 October 2010
Kiran has rightly said. Usually in forwarding the case to a mediation centre court fixes a date when the agreement reached is returned to court for an order. You can move an application for early hearing in the court. Bank not giving you NOC tantamount to no agreement and trial should follow. You can not ask for execution of such an agreement arrived at during course of mediation.
