You are bound by terms of settlement
2) you have to make payment on due date failing which you would have to hand over flat possession as per sale deed executed
3) better take a personal loan from bank so that cheque is honoured on due date
Withdrawal of RCS on wrong promises
Sirs, “Mr X” filed suit (RCS) against “Mr Y” in CJJD for injunction and declaration “Mr Y” gave offer and accordingly “Settlement Letter” was made and five post dated cheques of different dates were given and depending thereon “Mr X” applied for withdrawal of RCS One clause of the aforesaid “Settlement Letter” was that if “Mr Y” can not pass one particular Cheuque dated 3-04-2018 then immediately on return (dishonour) of that Cheque, he (“Mr Y”) will give one property Flat situated at Mumbai to “Mr X” immediately and not only that but conditional sell agreement for the said Flat at Mumbai has been prepared and signed on the date of “Settlement Letter” Court (CJJD) allowed withdrawal by passing Order in favour of “Mr X” Now, “Mr Y” finds it difficult to pass that particular cheque dated 3-04-2018 Because his expected money will come in June 2018 But he (“Mr Y”) does not want to loose the Flat at Mumbai and hence he wants to postpone the payment of that Cheque dated 3-04-2018 just for two Months and he (“Mr Y”) is ready to give fresh Cheque to “Mr X” and “Mr Y” also offerd penalty of 10% to “Mr X”, But “Mr X” refused Query Guide how “Mr Y” can postpone the date of that Cheque dated 3-04-2018 for two months regard HARIOM
Asked 8 years ago in Civil Law
7 Answers
Since the agreement is already done and there is order of court as such nothing can be done to delay without consent of the Mr. X as the withdrawal of the suit is on valid agreement executed by the parties.
Since Mr. X is getting greedy for flat and also he has valid settlement and sale agreement.
He can further file case on you and can seek damages and even a criminal case for cheque bounce or alternatively specific relief suit for flat, it is better to borrow money and give to settle it.
Dear Client,
Court merely allow withdrawn of suit or inculcate terms of settlement in order.
Show Agreement to Sale, and settlement deed, court order.
If above settlement is part of court order than approach same court to seek extension of time.
You can send a letter in writing to Mr. X regarding not to deposit the said cheque with reason. Or as you said Mr. Y's expected money will come in June 2018, so Mr Y can ask the source if they can send the money in April.
Is the money he will get is equivalent to what he will Give?
Or, If he has money in different bank account then to give the money on the said post date, he can transfer the money to the bank of whose cheque he has given to Mr. X.
1. Do not worry it is sheer folly to withdraw the case on the basis of future arrangement.
2. If Y default is honouring the clause as mentioned in the settlement terms Y can not be forced to handover the flat to X . This clause is unenforceable in the eye of law.
3. SO Y can request X to wait little longer. if not then let him file a fresh sit which will take another 10 years to end.
4. In this case Y has nothing to loose and it is the X who will suffer.
The condition that y will give one property to x if the cheque dt.3.4.18 is dishonored, if not drawn in the decree or judgement, then it is not enforceable in law.
X cannot take away the property just like that, he has to follow due process of law.
Any other step taken by x shall be considered as illegal and punishable.
By the time he may initiate legal process it may take two to three months, y will have breathing time to mobilize the amount by then and can arrange to fulfill the commitment.
You need to approach the same court for the same. There is no other way. Before approaching the court if you can have the same settlement talks with X and he agrees it will be good.
