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Swapnil (other)     09 April 2025

Settlement amount by other party

Im Plaintiff in civil suit now witness of defendant ready to pay settlement amount by cheque.

But in the suit defendant not appear since evidence start. One witness filed affidavit but I have taken objection that he is not authorised now this witness ready to pay settlement amount from his personal firm instead of defendant no.1 company or over settlement t&c sign by him only.

it is possible to receive this amount, whether any problem or litigation create in future 



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     09 April 2025

This is a practical situation hence no legal suggestions can be given.

You may better get the settlement done as per your own lawyer's guidance.

Swapnil (other)     09 April 2025

Sir

Im appear party in person 

T. Kalaiselvan, Advocate (Advocate)     09 April 2025

Without perusing the case related paper or the settlement conditions and the background case details, any opinion given here would be misguiding hence you may better take the assistance of a local lawyer outside court and reveert to this forum with his opinion so that any meaningful  guidance can be rendered

P. Venu (Advocate)     09 April 2025

Facts are too disjointed or confusing, if not confounding. Why should the witness pay the amount due from the defendant?

Certainly, no meaningful suggestion is possible unless the documents are perused and issues, if any, discussed.

Swapnil (other)     09 April 2025

Witness may be manager and may be  responsibile for forgery also 

Company due to forgery wants to shift burden on him. And he thought that civil matter is best instead of criminal so he appears as witness. Now ready to pay civil suit amount to settle the matter but I deemand chq from defendant company but company not ready issue cheque and same is issue by person figm of witness. He shows that he has Authorize by company 

 

Pls guide 

 

T. Kalaiselvan, Advocate (Advocate)     09 April 2025

You record your objections in writing before the court with the reasons and let the court decide the case on merits 

kavksatyanarayana (subregistrar/supdt.(retired))     09 April 2025

Yes.  You have objections, if any, you shall make them in writing.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 April 2025

Receiving a settlement amount from a witness's personal firm instead of the original defendant (Defendant No. 1 company) can be complex and may lead to future litigation.

Here are key considerations:

Settlement Agreement Essentials -

*Legally Binding*: Ensure the settlement agreement is in writing, signed by both parties, and clearly outlines terms and conditions. -

*Authorized Signatory*: Verify the witness's authority to sign on behalf of Defendant No. 1 company or their personal firm.

Potential Issues and Considerations

- *Liability*: Clarify who bears liability in case of future disputes or non-payment. -

*Payment Terms*: Define payment terms, including method, timing, and any conditions. -

*Tax Implications*: Consider tax implications and ensure compliance with relevant laws. -

*Dispute Resolution*: Establish a process for resolving potential disputes.¹

Future Litigation Risks -

*Enforceability*: Ensure the settlement agreement is enforceable in a court of law. -

*Breach of Agreement*: Establish consequences for breaching the agreement. -

*Jurisdiction*: Specify the jurisdiction for resolving disputes. 

 


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