See, the MOU is as per the consent of both the parties. You have said that both parties agreed to the MOU. Whether the terms of the MOU would be honoured or not, is a question that has no legal answer. It depends on the parties concerned and their good faith. Nobody can guarantee that a party will abide by the terms of the agreement or MOU. There are a large number of matters where people do not fulfill their obligations under the agreements they sign.
In fact, the other party may also feel that if the full amount under MOU is to be paid at the time of the second motion, and if such payment is not made, then such other party would suffer. As you have mentioned the other party also has some obligations like withdrawal of the cases, etc., which may have to be fulfilled before the second motion.
In any case, MOU is as per the consent of both parties and if you do not want to agree to the MOU, then do not sign it.
It is possible for you to move the court for depositing the first installment in the court instead of giving to the other party. The court may or may not agree to it, but you can make a request. There is no hard and fast rule or any provision of law in this regard. It is all a discretionary power of the court (or, may be, as per the agreed terms of your MOU).
In what name the DD has to be drawn if the amount is to be deposited in court is a hypothetical issue at the moment since the court is yet to agree to it. In any case, if the court agrees, it will tell you in whose name the DD has to be prepared.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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