• Consent term in ongoing suit

We have filed suit we are , 4 petitioners (family members) against a builder. now the builder is ready to settle, 3 of petitioners are interested to settle for which ,he has asked us to file concent term in the court , after procuring order from court, he will make payment---------------is it possible that after court order,he denys payment or can our concent term be conditional or is it the suit gets dismissed ,bcz of concent term------------how can we protect our monetary angle after filling concent term & builder not getting desired order from court---and then refusing our payment
Asked 1 year ago in Property Law
Religion: Hindu

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16 Answers

If it's 4 of you who have sued a builder, how can a consent//settlement be arrived at with only 3? 

Such settlement won't be accepted in court. Where's the consent of 4th one?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1392 Answers
5 Consultations

4.4 on 5.0

Consent terms would be binding on parties 

 

2) if builder fails to make payment you can take out contempt of court proceedings against builder 

 

3) in alternative file consent terms wherein  builder makes payment at time of signing  of consent terms 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Why are you silent about the fourth petitioner​? Our time is of value, state the facts plainly and fully

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1392 Answers
5 Consultations

4.4 on 5.0

1.  Consent Terms & any payment therein, MUST be finalized & received, before executing the Consent Settlement Deed, which should contain proper strategic clauses.

2.  AFTER above, an application has to be moved in court, by both the parties, by annexing the Settlement Deed with a prayer to withdraw the ongoing case.  The Court grants and the case is closed. Here the Settlement Deed must be properly registered.

3. IF Settlement Deed is signed before receiving the agreed amounts, THEN it would be a gross mistake on your behalf and a full cycled of repeated litigation, this time both Civil & Criminal.

4. IF there were 4 petitioners, THEN the court petition cannot be closed /withdrawn, IF only 4 petitioners sign on the settlement deed.

Hemant Agarwal
Advocate, Mumbai
5545 Answers
25 Consultations

5.0 on 5.0

dear friend you say that you have filed suit against the builder that means you already have a lawyer then why don't you put all these questions to him. first, get the answer from him and then you come on this forum and can ask more detail on those answers given by your lawyer. actually we don't know the exact detail of your case than how can we reply suprafacially.

 

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1. if the builder defaults in his obligations as agreed in the consent terms, then he will become liable for contempt of court action in addition to execution proceedings that you may take out to execute the consent terms against the builder

2. once the 3 parties settle with the builder, the case will stand disposed of as regards these parties and the sole petitioner who did not settle with the builder, can continue the matter against the builder

3. consent terms once filed results in a court decree which binds the parties to the consent terms

Yusuf Rampurawala
Advocate, Mumbai
5916 Answers
43 Consultations

5.0 on 5.0

See you have to settle recieved payment before filing and accepting consent terms as after filing same the court shall pass order at same point withdrawing / compromising suit for 3 plaintiffs so take payment in advance.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

No it won't get dismissed still 4th plaintiff can continue with suit. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

You can add a rider in the terms stating that, "...…….. if the understanding fails, you are at liberty to revoke the consent and renew the case afresh and continue the proceedings ………."

It has to be done by all the parties.

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

What is the need to withdraw first, ask him to make payment and than will withdraw. In most cases builder dose not provide flat or in time after payment received, you can file FIR in this case. 

IF withdraw than with liberty of court to file fresh suit if builder dose not perform his promise.

Fresh suit will start from beginning, so better withdraw after payment received.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

He can't deny payment after court order it will be contempt of court. 

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

if builder fails you can file contempt of court proceedings. 

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

4 th plaintiff consent required. 

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

 -  What you mean by consent , whether withdrawl of the case without payment ?

- If, the matter in dispute is going  to be settled with the builder , then at the time of withdrawin of the petition from the court , you should inform the court for the same.

- In a settled matter , the court will directed the petitioners to withdraw the case, after taking consent in written . 

- Once , you will settled and withdraw the case , without receiving the amount in dispute, then you cannot file a Contempt or execution petition against the said builder .

- Further, you cannot re-file the said case on the same cause of action .

- If, even one of the petitioners refuse to give his consent , then trail will proceed ahead , and no withdrawl will be allowed by the court as per law.

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

You cannot do anything when the builder denies payment after you are withdrawing the suit on consent terms.

Hence you better ask him to make the payment or settlement on the day just prior to withdrawal, becasue even if you enter into any agreement on this, it may not be enforceable or he may once again dodge the settlement, hence you may have to run behind him for settlement 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

The suit will not get dismissed if only three plaintiffs are giving their consent and one among them is restraining from giving any consent to withdraw the same.

All the parties to suit have to consent to withdraw the suit unless the court will not pass any order for withdrawal and dismissal.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

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