Court : Delhi
Decided on : Feb-23-2012
..... issues, the same shall be reduced to writing and signed by the parties or their constituted attorney; the agreement so signed shall be submitted to the mediator/conciliation who shall, with a covering letter signed by him, forward the same to the court in which the suit or proceeding is pending. there ..... court in sh. abdul saliq khan vs. shri nahid khan and others delivered on 25.02.2011 in rsa no. 30/2011 while dealing with the mediation and conciliation rules, 2004 in this context had noted as under:-a cojoint reading of rule 24 (b) and 25 (a) shows that where an ..... had also signed this settlement; their respective counsel were also signatories to this settlement. in view of this aforenoted settlement which was arrived at before the mediator mr. sudhir kumar jain, the parties in terms of para 2 of the settlement had agreed to withdraw certain cases and to get other compounded; details ..... 1 shall pay a total sum of `15 lacs to krishan mohan tyal in full and final settlement of all their disputes. admittedly this mediation settlement arrived at before the mediation mr. sudhir kumar jain, was signed by the attorney of the plaintiff and defendant no. 1, as also by their counsel. the matter ..... parties.2. this is the grievance of the present petitioner. respondent is also present in person. record shows that on 07.06.2008, a mediation settlement had been arrived at between the parties; the attorney of the plaintiff krishan mohan tyal had signed this settlement; there is no dispute to this .....Tag this Judgment!
Court : Delhi
Decided on : Aug-01-2012
..... person. petitioner denies having supplied any documents to mr. virender nath bhagwat prasad tiwari. 9. what emerges from the above that husband and wife had settled their disputes before the mediation center and had signed the settlement agreement, which has even been acted upon by them. petitioner no. 1 has paid the entire settled amount to the respondent no.2, inasmuch ..... that they have no outstanding and further claim(s) and/or demand(s) against each other and their disputes and differences have been settled finally hereto through the process of mediation/ conciliation. 9. that the parties hereto undertake to this honble court to remain bound by this terms and conditions set out in the present settlement agreement and shall abide ..... . 5. that smt.chitra anant salunke (respondent no.2) has undertaken to handover the original claimed alleged will dated november 12, 2008 of late shri chander shekhar pandit to the mediator to be handed over to petitioner no.1 subject to other beneficiaries approval. respondent no.2 however undertakes not to use the aforesaid will or any copy thereof in any ..... (if any), compensations including all claim (s) and/or demand(s) of every nature in following manner. i) rs.2,00,000/- (rupees two lacs only) payable before the learned mediator at the time of execution of this settlement deed, which smt. chitra anant salunke (respondent no.2) hereby acknowledge to have received vide cheque no.228401 dated 02.05.2011 .....Tag this Judgment!
Court : Delhi
Decided on : Jan-30-2012
..... by the will and consent of the parties are thereafter permitted to be withdrawn; the idea of the petitioner being threatened by goons standing outside the mediation centre does appear to be a far- fetched story; there also being no explanation as to why this story did not surface on the following two ..... issues, the same shall be reduced to writing and signed by the parties or their constituted attorney; the agreement so signed shall be submitted to the mediator/conciliation who shall, with a covering letter signed by him, forward the same to the court in which the suit or proceeding is pending. there ..... between the parties for 27.08.2010 meaning thereby that the parties had agreed to comply with the terms and conditions of their settlement recorded by the mediator. even on the next date, there was no grievance. thereafter the petitioner/defendant no.2. turned around from his stand and took a diametrically opposited ..... case, a settlement had been arrived at between the plaintiff and defendant no.1. which was duly incorporated and contained in this settlement recorded by the mediator on 20.07.2010. thereafter the matter was adjourned for two dates i.e. 16.08.2010 and 27.08.2010 on which dates counsel for ..... this court is the order dated 07.01.2011 vide which the objections of the defendant to the settlement arrived at between the parties before the mediation centre, karkardooma court, delhi on 20.07.2010 had been allowed to be set aside and the objections raised by the defendant that he had .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Sep-26-2012
..... of obtaining the rest of the data at the earliest possible time, the petitioner was intimated by mr. mandeep that he would be going to access mediation server located at noida to get the desired cdrs and transfer the same to bhopal. even the same did not serve any purpose. the respondent no. ..... the reason for the wrong cli issue with bsnl numbers. we found all these raw cdrs in our msc. however while processing the raw data by our mediation server, we are not getting non rated/non chargeable i.e. pri calls in the cdr fetched from our data warehouse. 4. when the meeting ..... shrivastava (adg term) visited our gnsc and fetched the hlr and configuration data on 20th jan11 and simultaneously we have also arranged his visit to the mediation server location in noida on 21st jan11. 2and3. first of all we would like to clarify that we have never camouflage in cli of calls and ..... :- though m/s bharti airtel extended its cooperation during the investigation, certain acts on your end could not be understood. 1. why the wrong location of mediation server was informed? 2. why the cli camouflaged calls did not appear in the 3-hour cdr provided to us. 3. why the cli camouflaged calls did ..... .2011 which is as under :- 1. we humbly submit that we have never communicated the wrong location of mediation server rather we have mediation server in delhi and data warehouse server in pune. the mediation server get the raw data from msc and push the data to the data warehouse after converting it into readable .....Tag this Judgment!
Court : Chennai
Decided on : Mar-20-2012
..... , the forth respondent or his counsel has not turned up in all those occasions. even when the matter was earlier referred by this court to the mediation and conciliation centre, it is seen that the mediation failed in spite of several sittings. therefore, it could be seen that the 4th respondent is not interested in settling the dispute. his absence before this ..... 4th respondent nor his counsel was present before the mediator. even when the matter was posted before this court on several occasions, the counsel for the 4th respondent was not present continuously and no counter affidavit also has also been ..... the mediation had failed despite the mediation was held on several occasions. it appears from the said report that neither the ..... the parties have entered their appearance, by order dated 20.06.2011, referred the matter to mediation centre and directed the parties to appear before the same on 24.06.2011. the tamil nadu mediation and conciliation centre attached to this bench taken the matter as mediation case no.210 of 2011 and submitted a report on 10.11.2011, by stating that .....Tag this Judgment!
Court : Chennai
Decided on : Feb-15-2012
..... of 2010 filed by the revision petitioner.8. it is seen from the records that the compromise was entered into between the parties before the mediation and the terms of compromise was arrived at on 20.4.2009. the terms of compromise was arrived at between the parties are extracted above. ..... the vacant possession to the defendant. in case of failure of plaintiffs to pay such sum, then the defendant shall be entitled to execute this mediation settlement through court for the recovery of said sum calculated as above, from the plaintiffs.8. both parties hereby agree that the time specified herein ..... case if the plaintiffs failed to vacate and hand over the vacant possession of the suit property, the defendant shall be entitled to execute this mediation settlement through court of law or the eviction of the plaintiffs. on the failure of the defendant to pay such sum, then the plaintiffs shall ..... the plaintiffs, if the defendant refuses to execute the sale deed in favour of the plaintiffs, then the plaintiffs shall be entitled to execute this mediation settlement through competent court, for getting the sale deed executed after depositing the amount agreed as above in the said court.5. the defendant hereby ..... sale for the purchase of the suit property for consideration as stated in the agreement and a compromise was entered into between the parties in the mediation and the terms of compromise is as follows: 1. the plaintiffs hereby agree to pay the balance sale consideration of rs.14,00,000/- ( .....Tag this Judgment!
Court : Delhi
Decided on : May-04-2012
..... , 2010 passed in crl.(misc.) no.2987/2010 in which the court has recorded her statement that she has resiled from the agreement and therefore, the position prior to the mediation agreement be restored on the ground that the respondent is not taking care of the daughter. 21. learned counsel for the respondent on the other hand submitted that the order ..... 16th may, 2007 whereby the learned trial court granted the decree of divorce to the respondent. during the pendency of the appeal, the parties amicably resolved all their disputes through mediation and the appeal was disposed of in terms of the settlement on 20th january, 2009. 2. the appellant is seeking recall of the order dated 20th january, 2009 and therefore ..... of in terms of the settlement. the relevant portion of the order dated 20th january, 2009 reads as under:- 1. this case was referred to the mediation centre. the report has been received from the mediation centre as per which the dispute has been settled vide settlement agreement dated 18th december, 2008, which is on record. 2. the appellant states that though ..... the prayer of the appellant. 4. on 18th december, 2008, the appellant amicably resolved all their disputes before the delhi high court mediation and conciliation centre. the terms of the settlement were reduced into writing by the learned mediator and was signed by both the parties. 5. as per the said settlement, the appellant agreed to withdraw the appeal and to hand .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-01-2012
..... long drawn and tedious legal battle. settlement by mutual agreement being somewhat permanent in nature is always preferable. therefore, the compromise entered into before mediation centre, which is a legally recognized forum under section 89 of the cpc and some legal sanctity has to be attached to the same, the ..... 2010 filed by the petitioners jointly. the said application was an application for bringing on record the compromise arrived at between the parties before the mediation centre on 23.3.2010 with the prayer that a divorce petition filed by the wife under section 13 (a) (1) of the hindu ..... whereby a clear direction was issued to the family court to decide the suit in view of the compromise arrived at between the parties before mediation centre, allahabad dated 23.3.2010 which was numbered as 11-ka filed along with an application dated 17.4.2010 numbered as 10- ..... agreement before the court concerned who will dispose of their applications keeping in view the fact that parties have already settled their dispute before the mediation and conciliation center, allahabad. pursuant to the aforesaid compromise and the direction of this court, a joint application was moved before the court below ..... parties agreed that all civil and criminal cases filed against each other will be treated to be withdrawn. the said compromise as endorsed by the mediation centre by settlement order dated 23.3.2010 (annexure-1 to the writ petition) and was placed on record in the application under section .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-29-2012
..... . shri v.k.shukla, counsel for respondent no.1. shri manish verma, counsel of respondent no.2. in compliance of the order dated 25.7.2012 after holding the mediation proceedings the mediator report with respect of the dispute raised in this petition is placed on the record. on asking the counsel of the parties present whether any of them have any ..... to an end or in other words the same are hereby vacated. however, considering the oral prayer of the counsel present, in view of the condition no.4 of the mediator report, the idbi main branch, indore, is hereby directed to disburs.the sum of the alleged fdr to the parties stated in condition no.1 of the ..... .no.225/05, the same is accepted and this petition is dispose of as per the terms enumerated in the aforesaid mediation report. not the parties will be governed by the terms enumerated in the aforesaid mediation report. the mediation report shall be treated to be part and parcel of this order. pursuant to it, all the interim orders which are passed ..... that the same have come to an end and not all the parties will be governed by the aforesaid mediation report. in view of the aforesaid submission, with the consent of the parties, after perusing the mediation report dated 22.8.2012 passed in mediation case no.29/12 and 30/12 with respect of the present matter as well as w.p .....Tag this Judgment!
Court : Patna
Decided on : May-13-2012
..... that mediation shall be completed and a report shall be submitted to this court by the second week of march 2012. both the parties shall make available copies of ..... the facts of the case the matter deserves to be given a chance for reconciliation through mediation. accordingly, the matter is referred to patna high court mediation centre so that trained mediator may take up the case for mediation for which both the parties should appear before the mediation committee with or without their counsels on 3 rd february, 2012. 2 let a copy of ..... this order be communicated to the patna high court mediation centre for taking necessary steps. it is expected ..... relevant papers to the learned mediator. list this matter in the third week of march under the same heading. (shiva kirti singh, j.) (aditya kumar trivedi .....Tag this Judgment!