compromise decree. Though, the agreements dated 2.2.2008 and 6.10.2008 were entered into between the parties as per the compromise decree but they were independent agreements ... compromise decree or by a suit for specific performance on contract, but the complainant cannot get the compromise decree executed or the agreements performed under
then how the Executing Court can travel beyond the scope of
compromise decree. He has further submitted that appellant/
complainant has already paid ... this order indicates that learned District
Commission instead of executing the compromise decree
9
M/s Sunny Gramin Udyog Versus The Managing Director, HP State
this Commission pursuant to compromise petition entered between parties has to be executed keeping in mind the mandate of compromise terms and object of Consumer ... settled law that executing court cannot go beyond the decree but when there is ambiguity in the decree with regard to the material aspects then
this Commission pursuant to compromise petition entered between parties has to be executed keeping in mind the mandate of compromise terms and object of Consumer ... settled law that executing court cannot go beyond the decree but when there is ambiguity in the decree with regard to the material aspects then
been sought on the ground that in pursuant to compromise deed 20.02.2020 executed between the decree holders and the judgments debtors, the applicant/judgment debtor ... presence. He further argued that the compromise deed, in question, was got executed from the decree holders under coercion and the decree holders want their
that the decree passed on compromise cannot be appealable though it can be challenged before the court passing the decree, if fraud is practiced ... could not be maintainable against the decree on compromise. Since the Developer who admitted that he would execute and register the deed of conveyance
manufactured by Unnati Company
within 3 days. The said compromise order nowhere
speaks about "appellant's" pump to be returned ... contrary to the settled legal position that the
executing court cannot go behind the decree. The
compromise order has been misinterpreted by the
Forum
ground of compromise.
Ld. counsel for the appellant argued that the complainant never entered into any compromise. This question is to be considered and decided ... executing
(2)
court whether the decree was discharged in full satisfaction or not.
Since the decree holder challenged the question of compromise, therefore
this claim, it is
necessary to extract the Compromise term No.2 in the Compromise decree passed
by the High Court and marked ... execution, discharge or
satisfaction of the decree, shall be determined by the Court executing the
decree and not by a separate suit.
So when once
remains with regard to the compromise/settlement deed dated 26.04.2019
executed between the parties and as per the compromise/settlement deed,
due amount ... that the JDs be directed
to pay the amount as per the compromise/settlement deed.
Since the proceedings under Section 27 of the Consumer Protection
