- (1.) Compromise is a product of an agreement between the parties for adjustment of their dispute either wholly or in part and such compromise becomes a rule of the court when it gets a seal of the court upon satisfaction as regards the legality and enforceability of the agreement or compromise between the parties. Thus, settlement of terms of compromise on which the parties want to settle their dispute are exclusively within the domain of the parties and the Court has no role to play in settling the terms of settlement between the parties. Court cannot alter the terms of settlement either by imposing any additional term on the parties against their wishes or by deleting any term from the terms of settlement on which the parties want to compromise their suit, against their wishes. The only role which the Court has to play in recognizing compromise, is to examine the legality and/or enforceability of the agreement and/or the terms of the compromise between the parties and if it is found that the terms of the agreement and/or the compromise is lawful then the Court can dispose of the suit either wholly or in part on the basis of such compromise, after recording its satisfaction with regard to the legality of the agreement and/or the terms of the compromise.
(2.) Keeping in mind the aforesaid principle which is enshrined in Order 23 Rule 3 of the Civil Procedure Code, this Court will have to examine the legality of the order dated 2nd July, 2010 passed by the learned Chairperson, Debts Recovery Appellate Tribunal, Kolkata in appeal No. 43 of 2009, which is under challenge in this application under Article 227 of the Constitution of India at the instance of the opposite party Nos. 1 and 4 who are the petitioners herein.
(3.) A question, as to applicability of the provision contained in the Civil Procedure Code in a proceeding before the Tribunal under the Recovery of Debts due to Bank and Financial Institution Act of 1993, was raised by Mr. Mitra, learned Senior Counsel, appearing for the opposite party No.2 herein, by referring to Section 22 of the said Act which provides that the Tribunal and the Appellate Tribunal shall not be bound by the procedure laid down by the Civil Procedure Code, 1908, but shall be guided by the principles of natural justice and subject to other provisions of this Act and of any rules, the Tribunal and the appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sitting.;