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Judgment Search Results Home > Cases Phrase: mediation Court: mumbai Page 1 of about 8,707 results (0.020 seconds)

Jun 20 2013 (HC)

Chandrakant Phoolchand Sanghvi and Others Vs. Anilkumar Phoolchand San ...

Court : Mumbai

..... resources of the parties for decades. it, therefore, ordinarily be worth while to grant the parties a few more weeks or months to resolve their disputes through mediation or conciliation. advantage of mediation settlement is that by one settlement, parties may be able to put an end to several proceedings. in the instant case also, there are several other proceedings ..... in the course of hearing of arbitration application under section 11 of the arbitration act. that court has been extending the time for submission of the report of the learned mediator and the last extension granted by the learned single judge, hearing arbitration application, was on 4 january 2013, which clearly indicates that further hearing of arbitration application has been ..... restraining the petitioners by themselves or by their servants, agents and officers from altering the status quo and acting on the notice dated 28 january 2013; c) pending the mediation, this hon'ble court be pleased to pass an appropriate order, direction or injunction restraining the petitioners by themselves or by their servants, agents and officers from acting upon ..... differences and arrive at a settlement which effectively resolves the dispute between them. the parties are in the process of preparing a draft settlement agreement for consideration during the next mediation session. on 14 january 2013, appeal from order no.275 of 2012 was listed before mr. justice s.c. dharmadhikari. the respondent herein produced the interim report dated .....

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Apr 16 2009 (HC)

Mahindra Lifespace Developers Ltd. Under the Companies Act, 1956 Vs. t ...

Court : Mumbai

Reported in : 2009(3)BomCR587; 2009(111)BomLR2048

..... wearing different hats from time to time. according to respondent no. 2, he had indicated that he would prefer to resolve the disputes between the parties as a mediator. a mediator is a term having distinct with connotation and distinct functions and obligations to that of an arbitrator. an arbitrator is primarily a tribunal to resolve the dispute by adjudicative ..... conciliator can suggest some terms of settlements too.' attempts made by respondent no. 2 were actually for resolving the disputes between the parties by recourse to the process of mediation rather than by adjudication process. he talked to the parties individually, putforth proposal of one party to the other and tried to bring up a commonly acceptable solution to ..... the approach of mediator is to encourage mutual agreement rather than to impose a settlement. it is not simplicitor a remedy but a system having appropriate of dispute resolution. one must remember that ..... a neutral person facilitates discussions between the parties in an attempt to get the parties to reach an agreement that is mutually agreeable to both the parties. in short mediation is a method to dissolve disagreement designed to help disputing parties resolve their own dispute even without obtaining legal counsel. it is a nonadversarial approach to conflict resolution and .....

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Oct 07 2014 (HC)

Ishita Kunal Sangani Vs. Kunal Sudhir Sangani

Court : Mumbai

..... of the hindu marriage act. moreover, this matter can be viewed in a different perspective as according to the settlement terms arrived at before the learned mediator, initially the entire custody of the child then aged about two years, was agreed to be given to the husband but subsequently the present petitioner had ..... of the husband, present respondent, was for divorce on the ground of cruelty whereas initially it was opposed by the present appellant wife but during the mediation process some consent terms were arrived at. moreover, it is a factual position that no application under section 13-b of the hindu marriage act was ..... acted in terms of the said settlement terms mainly on the ground that there was much emotional pressure on her at the time of signing the said mediation settlement terms. in order to appreciate this argument, the crux of the said settlement terms can be mentioned with advantage. in para 1 of the ..... was granted dissolving the marriage between the parties on 30.7.2014. if it is considered that the said settlement terms arrived at before the mediator are to be acted upon and to be given effect as if the same is application under section 13b of the hindu marriage act, still ..... of final order which is impugned, are of much significance. for the sake of ready reference, the said dates can be mentioned, inasmuch as the mediation settlement terms were arrived at on 14.2.2014, application no. 71 of 2014 exh. 28 was preferred on 1.3.2014 and the said application .....

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Sep 04 2015 (HC)

Dr. Jaya Sagade, Director Vs. The State of Maharashtra

Court : Mumbai

..... brought before the counselors also to be consulted so that the two sides could end their disputes in an amicable solution. this service is what is popularly called mediation ?. the mediator creates options for settlement between the disputant parties. the various options would essentially end the domestic violence. it would prevent the woman from further violence and protect ..... of any service provider provided thereunder including ngos, counselors or the police may be counselled with regard to the course of action which she can take including joint counselling /mediation with her spouse / husband or her family members / in-laws subject to the following directions / guidelines: (a) a violated woman must be informed about her right ..... good practices published by un women. the article on domestic violence and its implementation ? considers the cedaw perspective in asian countries which bear references to pre-litigation / mediation and counselling. the general recommendation no. 99 of the cedaw committee inter alia requires protection measures, including refuge, counselling rehabilitation action and support services for women who are ..... development of the government of maharashtra issued a circular on 24th july, 2014 regarding one of the aspects contained in the suggestions of the petitioner viz., counselling / mediation under the dv act. 3. whereas the suggestion of the petitioner was that there is a provision of appointment of counselors whose primary duty is preventing the recurrence .....

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Jan 23 2013 (HC)

Anilkumar Phoolchand Sanghvi and Others Vs. Chandrakant Phoolchand San ...

Court : Mumbai

..... and resources of the parties for decades. it, therefore, ordinarily be worth while to grant the parties a few more weeks or months to resolve their disputes through mediation or conciliation. advantage of mediation settlement is that by one settlement, parties may be able to put an end to several proceedings. in the instant case also, there are several other proceedings between ..... in the course of hearing of arbitration application under section 11 of the arbitration act. that court has been extending the time for submission of the report of the learned mediator and the last extension granted by the learned single judge, hearing arbitration application, was on 4 january 2013, which clearly indicates that further hearing of arbitration application has been adjourned ..... should put an end to the conciliation process, the court itself is not powerless to extend the date for continuing the conciliation proceedings depending on the progress being made in mediation/conciliation. 12. section 151 cpc saving inherent powers of court would be the more appropriate provision for a court to rely upon in such matters when a suit is referred ..... was adjourned to 2 november 2012, so that the court would be apprised of the progress in the meantime. parties also agreed to bear the fees and expenses of the mediator in equal proportion. we are informed that the learned single judge, hearing arbitration application, has been adjourning hearing of the said application from time to time and that by order .....

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Oct 01 2014 (HC)

Sanjeevkumar Harakchand Kankariya Vs. Union of India, through the Mini ...

Court : Mumbai Aurangabad

..... fees act, 1870. 9. the petitioner submits that although suit, in the instant matter, has not been settled before lok adalat, however, settlement has been arrived at in mediation proceedings in pursuance to a reference made by the court compulsorily in view of section 89 of the code of civil procedure. the petitioner, thus, submits that in view of ..... 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; or (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 proceedings ..... adopting these methods. the central government is directed to examine it and if agreed, it was requested to make specific financial allocation for judiciary for including the expenses involved for mediation/conciliation under section 89 of the code of civil procedure. section 89 of the code of civil procedure reads thus: "89 settlement of disputes outside the court(1) where ..... with a view to arrive at an amicable settlement. the malinath committee recommended to refer the dispute after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement through lok adalat. it is only when the parties fail to get their disputes settled through any of the alternate disputes resolution method, the suit shall proceed further .....

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Oct 05 1994 (HC)

Banu Wife of KutubuddIn Sulemanji Vimanwala and anr. Vs. KutubuddIn Su ...

Court : Mumbai

Reported in : 1995(2)BomCR110

..... no such a condition precedent for mediation for making talaq a valid one.11. no doubt, the learned counsel for the wife invited my attention to two decisions of gauhati high court where this principle has been ..... divorce is void on certain circumstances. but in none of the provisions from paragraph 198 to 216 there is mention that if a talaq is given without there being earlier mediation, it will be void or invalid. hence, from the basis of a number of books on muslim law which i have referred to above. i can say that there is ..... . paranjape invited my attention to the compendium of fatimid law by asaf a.a. fyzee where in paragraph 218 on page 51. there is a section regarding mediation. it says that the koran recommended mediation where there is a dispute between husband and wife. then it is provided in paragraph 219 that if the reconciliation efforts fail then the marriage may be ..... dissolve the marriage provided they are empowered by both the spouses. in my view this section pertaining to mediation is only an enabling provision. it is nowhere stated in the section that in every case of divorce, mediation must precede pronouncement of talaq. on the other hand, in the compendium of fatimid law, the rules regarding talaq are mentioned in paragraphs from .....

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Oct 05 1994 (HC)

Banu and anr. Vs. KutubuddIn Sulemanji Vimanwala

Court : Mumbai

Reported in : II(1995)DMC390

..... no such a condition precedent for mediation for making talaq a valid one.17. no doubt, the learned counsel for the wife invited my attention to two decisions of gauhati high court where this principle has been ..... divorce is void on certain circumstances. but in none of the provisions from paragraphs 198 to 216 there is mention that if a talaq is given without there being earlier mediation, it will be void or invalid. hence, from the basis of a number of books on muslim law which i have referred to above. i can say that there is ..... ms. paranjape invited my attention to the compendium of fatimid law by asaf a.a, fyzee wherein paragraph 218 on page 51. there is a section regarding mediation. it says that the koran recommended mediation where there is a dispute between husband and wife. then it is provided in paragraph 219 that if the reconciliation efforts fail then the marriage may be ..... dissolve the marriage provided they are empowered by both the spouses. in my view this section pertaining to mediation is only an enabling provision. it is nowhere stated in the section that in every case of divorce, mediation must precede pronouncement of talaq. on the other hand, in the compendium of fatimid law, the rules regarding talaq are mentioned in paragraphs from .....

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Aug 14 2009 (HC)

Tulip Hotels Pvt. Ltd. a Company Incorporated Under the Companies Act, ...

Court : Mumbai

Reported in : 2010(1)MhLj73

..... meaning. in para 23 hon'ble apex court has made following observations :- 'whereas on the one hand, keeping in view the parliamentary intent, settlement of all disputes through negotiation, conciliation, mediation, lok adalat and judicial settlement are required to be encouraged, it is equally well settled that where the jurisdiction of a court is sought to be taken away, the statutory ..... which is made of medola. it may be treated at par with conciliation and arbitration. in such a case the parties agree for settlement of dispute by negotiation, conciliation or mediation. the proceedings adopted are not binding ones, whereas the arbitration is a binding procedure. even in relation to arbitration, an award can be the subject matter of challenge. the provisions .....

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Oct 14 1965 (HC)

M.H. Tejani Vs. Kulsumbai M. Jetha

Court : Mumbai

Reported in : AIR1967Bom300; (1966)68BOMLR809

..... . there is no doubt that if the reason given in the petition that the father-in-law and the brother-in-law were attempting to mediate was true, it would have found place in the letter which the petitioner wrote in february 1963 to the respondent. this reason which is now ..... written on the 18th of february 1963 the petitioner made no reference whatsoever to these efforts by hashambhoy jetha and akbar jetha and these efforts at mediation were for the first time referred to in the petition, which was filed in july 1963. the letter refers to a supposed promise by ..... and so arbitration was not necessary. the efforts hashambhoy jetha, did not succeed. thereafter the petitioner's brother-in-law. akbar jetha also tried to mediate but failed. it was after these efforts failed that the petitioner requested the respondent to execute the formal agreement to arbitration. it is curious that in ..... the case, the question of proceeding with the arbitration in this matter does not arise at all.' thus, on the ground that the efforts for mediation by the petitioner's father-in-law and brother-in-law had failed and also on the ground that the respondent had deliberately avoided execution of ..... -in-law of the petitioner, however, did not succeed. according to the petitioner, her brother-in-law. akbar jetha mediated but it was of no avail. after both these efforts for mediation had failed, the petitioner had requested the respondent to execute a formal agreement of reference to arbitration so that the arbitration .....

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