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Judgment Search Results Home > Cases Phrase: mediation Court: delhi Page 1 of about 10,457 results (0.094 seconds)

Mar 09 2016 (HC)

Angle Infrastructure Pvt. Ltd. Vs. Ashok Manchanda and Others

Court : Delhi

..... under section 89? 29. section 89 refers to five types of adr procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non-adjudicatory) processes conciliation, mediation, judicial settlement and lok adalat settlement. the object of section 89 of the code is that settlement should be attempted by adopting an appropriate adr process before the case ..... before proceeding with the matter, it is therefore, firstly essential to consider and address the basic question as to whether the settlement dated 30th october, 2013 resulted out of mediation or conciliation between the parties. 31. conciliation is one of the alternate dispute resolution mechanisms, though provided for in section 89 of the cpc, but, specifically dealt with ..... the settlement agreement resulted in conciliation between the parties. this aspect assumes importance because of the difference between the prescribed mechanisms for execution of the settlements reached in mediation and conciliation. 29. the above statutory scheme lays down that a conciliation agreement has the same status and effect as if it is an arbitral award by virtue ..... the court may reformulate the terms of a possible settlement and refer the same for (a) arbitration; (b) conciliation; (c) judicial settlement including settlement through lok adalat. (d) mediation (2) where a dispute has been referred (a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the .....

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Feb 13 2008 (HC)

Tvc India Pvt. Ltd. Vs. Abn Amro Bank N.V.

Court : Delhi

Reported in : 2008(1)ARBLR579(Delhi); 148(2008)DLT262; 2008(101)DRJ710

..... court that the cause of action for seeking appointment of an arbitrator arose to the petitioner only when the disputes could not be resolved through mediation or other alternative dispute resolution mechanism provided in the agreement. hence, this court does not find any merit in the contention on the point ..... the contract. in the opinion of this court the cause of action for appointment of arbitrator has arisen in favor of the petitioner when the mediation did not work out as a result of withdrawal by the respondent on 30.6.2006. in case the limitation for filing of the present ..... case it was not possible for the representatives of the parties to resolve the dispute, the aggrieved party could demand appointment of a mediator for one day mediation which was agreed to be appointed within thirty days of such demand. further perusal of clause 9.3 would show that no time ..... ) days after the one day mediation, either party may begin arbitration proceedings.9.3.2 any disputes submitted for arbitration in accordance with the provisions of sub-clause 9.3.1 ..... written demand for formal dispute resolution. within thirty (30) days after such written notification, the parties agree to meet for one day with an impartial mediator and consider dispute resolution alternatives other than by way of arbitration.b) if an alternative method of dispute resolution is not agreed upon within thirty (30 .....

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May 09 2016 (HC)

Mamta Singh Vs. Aman Singh @ Faiyaz Ahmed

Court : Delhi

..... . there is no variation of any of the other terms and conditions of the mediation agreement dated 4th april, 2014. it is agreed by the respondent present before us that quashing of fir would be effected only after he has ..... no impediment for the completion of the requisite proceedings thereon in accordance with law. 21. before us, the respondent has stated that he abides by the mediation agreement dated 4th april, 2014 on all material terms other than variation in the manner of payment of the balance amount agreed to be paid by him ..... divorce by mutual consent. 16. in his statement recorded by us on 29th april, 2016, the appellant has also stood by all terms of the mediation agreement dated 4th april, 2014 with certain modifications only in the manner of the payment of the balance sum thereunder. we set down hereunder the schedule on ..... in a position to pay the balance sum of rs. 2,65,000/- which he was liable to pay to the appellant in terms of the mediation settlement dated 4th april, 2014 and for this reason, had made a false allegation that the appellant had played fraud with him and misappropriated the amount ..... of having married the appellant in accordance with hindu rites and ceremonies or any of the other averments contained in the petition including the terms of the mediation settlement. 12. in view of the statement of the respondent-husband and the withdrawal of his consent, the family court dismissed the petition for the .....

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Mar 30 2012 (HC)

Neeraj Khullar and Another Vs. Virender Kumar Khullar

Court : Delhi

..... incomplete in the facts and circumstances of the case. 27. it is also evident that over the past one year, the attempts at having the parties settle the disputes through mediation or otherwise have not proved successful. there seems to be a complete breakdown of trust. therefore, although, at the stage of filing of o.m.p. no.313 of 2011 ..... of an arbitrator to settle the disputes between the parties. notice was issued in the said petition on 8th july 2011. 17. with the efforts at mediation having failed, the respondent filed a reply in arb. p. no.201 of 2011 on 3rd november 2011 and also in o.m.p. no.313 of 2011 on 8th ..... course of business till the next date. dasti. 15. thereafter attempts were made to have the parties settle their disputes through mediation before the delhi high court mediation and conciliation centre. however, on 19th september 2011, this court was informed that the mediation efforts had failed. 16. meanwhile, on 1st july 2011, the petitioners filed arb. p. no.201 of 2011 seeking appointment .....

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Aug 19 2016 (HC)

Praveen Kumar and Others Vs. The State (Govt of NCT Delhi) and Another

Court : Delhi

..... the husband and the wife and personal matters are involved in such disputes, so, it requires conciliatory procedure to bring a settlement between them. nowadays, mediation has played a very important role in settling the disputes, especially, matrimonial disputes and has yielded good results. the court must exercise its inherent power under ..... by mutual consent. it is agreed that the petitioner no.1 shall return all the jewellery items, as stated in the terms of the present mediation report, at the time of the filing of the first motion petition for divorce by mutual consent and that all the expenses with regard to the ..... alimony, dowry articles, istridhan etc. it is also agreed that the above mentioned amount shall be paid in the manner enunciated in the terms of the mediation report. it is also agreed that petitioner no. 1 shall also pay a sum of rs. 1.5 lacs to respondent no.2 at that ..... respondent no.2. 4. respondent no.2, present in the court, submitted that the dispute between the parties has been amicably resolved. as per the mediation report, petitioner no.1 and respondent no.2 have agreed that they shall take divorce by way of mutual consent. it is agreed that petitioner no ..... 2012, under sections 498- a/406/34 ipc and section 4 dowry prohibition act registered at police station jyoti nagar on the basis of the mediation report of the delhi mediation centre, karkadooma courts, delhi executed between petitioner nos.1 and 2 and respondent no.2, namely, smt. hema @ seema on 10.04.2015 .....

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Jan 18 2002 (HC)

Rsg Share and Stock Brokers Ltd. Vs. Anju Gupta and ors.

Court : Delhi

Reported in : 2002IIAD(Delhi)603; 96(2002)DLT749; 2002(64)DRJ345; 2002(2)RAJ595

..... . this is not the position in the instant case. here, section 30 of the act specifically empowers the arbitral tribunal to encourage settlement with the agreement of parties to use mediation/conciliation or other procedure. the parties in the instant case had agreed for adopting a particular course which was resorted to. it, thereforee, does not amount to any abdication of ..... set in from day one of the arbitration proceedings and the parties did not adopt adversarial stance.17. secondly, section 30 of the act does not limit the settlement through mediation and conciliation but envisages 'other procedures as well'. here other procedure is the 'verdict' (verdict used in loose sense and not in the sense of adjudication) of the three persons ..... complainant dr. anju gupta undertakes to bring with her s/sh. b.k. gupta and tarseem aggarwal.in case the date and time fixed above are not convenient to the mediators named above, the parties shall notify theexchange in advance to enable the exchange to arrange for adjournment.' 5. from the aforesaid, it appears that the four persons who were to ..... was adjourned to 5th march, 2001. on 5th march, 2001 the parties made a joint statement before the arbitrator to the effect that they would be ready to have the mediation of mr. b.k. gupta, mr. m.l. aggarwal, mr. tarseem aggarwal and mr. surinder soni and thecase was adjourned to 12th march, 2001. order sheet dated 5th march, 2001 .....

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May 14 2009 (HC)

Rajinder Singh Saluja Vs. Sarbjyot Kaur Saluja and ors.

Court : Delhi

Reported in : 159(2009)DLT629; (2009)155PLR2

..... still hope that the parties are able to find some final solution to their dispute. however, though we have put to the parties whether they are willing to go for mediation, only the appellant expressed his intent to do so but respondent did not.19. at this stage, learned counsel for the respondents state that her client has reconsidered the matter ..... and would like an endeavour to be made before the delhi high court mediation & conciliation centre on 20th may, 2009, making it clear that pendency before the mediation centre would have no ramification on the implementation of the order passed by us today. the mediation centre to appoint a mediator of sufficient seniority who has expertise in handling matrimonial matters.20. list for ..... directions on 31st july, 2009 for report of the mediator as well as the local commissioner.

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Feb 02 2009 (HC)

Mr. Ethan SteIn and anr. Vs. Mr. Balkrishna V. Doshi and anr.

Court : Delhi

Reported in : 157(2009)DLT180

..... the respondents in fact suggest this, relying on letters written by mr. vijay s.t. shankardass, wherein he has stated that he considers himself discharged from the responsibilities of assisting, mediating or carrying out conciliation in relation to various differences and disputes between the partners of the partnership firms. he also states that the disputes have been resolved by the lapse ..... s.t. shankardass wrote back to the petitioners, stating that he had made himself sufficiently clear in that he had discharged the responsibilities undertaken by him when he agreed to mediate in the matter and further stating:.so ethan, really, there is not much that i can help with anymore now, as in my respectful view matters more or less ..... over the years as now being concluded, with matters resolved as best as they could under the circumstances be. i would therefore, consider myself discharged from my responsibilities of assisting, mediating and carrying out conciliation in relation thereto to the extent that i had undertaken them. however, if i can be of any further assistance to any of you individually or ..... erstwhile partners as envisaged in the aforesaid memorandum of understanding and minutes or as may have been subsequently raised by the various partners.consequently, i shall regard my task of mediation and resolution of various differences and disputes between the three erstwhile partners of the three entities, sdb, sdb(nd) and sdb(a) as envisaged under the aforesaid memorandum of .....

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Mar 13 1997 (HC)

Kamlapati Dubey Vs. Union of India

Court : Delhi

Reported in : 1997IIIAD(Delhi)1; 67(1997)DLT25; 1997(41)DRJ480

..... suffer for several years for a relatively small problem. some of these small problems can be sorted out by good offices and mediation of senior officials. the problem in this case perhaps could have been solved by proper counselling and mediation of senior officers. since the problem was not tackled immediately in proper perspective, it has led to disastrous consequences. the petitioner .....

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May 21 2009 (HC)

Ajay Kumar JaIn Vs. Baljit Kaur Jain

Court : Delhi

Reported in : 160(2009)DLT401

..... , various benches made an endeavour to see that an overall settlement could be arrived at. the matter was also referred for mediation. however, none of the proceedings for settlement proved to be successful. we may note that even after the mediation proceedings failed, endeavour was made for settlement, but even the same proved to be fruitless. on the other hand, we found .....

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