Business Standard

Dispute can be revived after settlement

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The Supreme Court last week set aside a judgment of the Punjab and Haryana High Court and stated that even after a settlement between two rival parties, a new dispute over it could be revived in the court. In this case, Punjab Financial Corporatio­n vs Paulbro Leathers Ltd, the firm could not repay the loan taken from the corporatio­n. They arrived at a one-time settlement, in which a chartered accountant was appointed to calculate the balance of dues. The corporatio­n disputed the CA’s calculatio­n and demanded ~50 lakh from the debtor. The firm moved the high court arguing that once a settlement was signed, there could not be a further dispute. The high court agreed with it and quashed the demand, asserting that since the parties had consented to the settlement, the corporatio­n was not justified in raising the demand. Therefore, the financial corporatio­n appealed to the Supreme Court. It held that the high court was wrong and stated that there is a new dispute outside the settlement, which could be decided on its own merit by a new CA. The case was remanded to the high court for quick disposal as public money is involved.

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