Court : Delhi
Decided on : Mar-09-2016
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : May-09-2016
..... . 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 .....Tag this Judgment!
Court : Delhi
Decided on : Aug-19-2016
..... 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 .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-17-2016
..... counsel appearing for both the parties, as stated supra, is placed on record. 5. the memorandum of agreement dated 6th january, 2016 entered into between the parties before the bangalore mediation centre, duly signed by the appellant and respondent and attested by the learned counsel appearing for the respective parties is placed on record. the terms and conditions of the memorandum ..... the memorandum of agreement dated 6th january, 2016 filed under section 89 of the code of civil procedure, 1908 read with rules 24 and 25 of the karnataka civil procedure (mediation) rules, 2007, and the marriage solemnised between the appellant and the respondent on 26/ 04/2001 may be dissolved by granting a decree of divorce. 4. the submission of the ..... the courts for redressal. they have been residing separately since 8 years. during the course of the aforesaid proceedings, the matter was referred to mediation for resolving the dispute between the parties. in the course of mediation, the appellant and the respondent on their own volition and without any coercion have resolved their disputes and mutually agreed for the following terms and .....Tag this Judgment!
Court : Delhi
Decided on : Sep-21-2016
..... the enforcement of the letter dated 16.09.2016 issued for the termination of the sub contract until the resolution or adjudication of disputes between the parties by way of mediation or arbitration ; and (ii) direct the respondent no. 1 to maintain status quo at the work sites and permit the petitioner to proceed further with the execution of the project .....Tag this Judgment!
Court : Chennai
Decided on : Nov-01-2016
..... .a.sr.no.45965 of 2016, subject to the condition that the petitioner/ appellant/accused shall pay a sum of rs.3000/- (rupees three thousand only) to the tamil nadu mediation and conciliation centre, high court, madras, within a period of two weeks from day, failing which, it is made clear that the petition shall stand dismissed automatically without any further .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Sep-02-2016
..... permission to compound cannot be considered at all. 5.2. so far as this case is concerned, the defacto complainant has stated that they have settled their dispute before the mediation centre and she has received rs.5 lakhs as compensation and both the defacto complainant and her husband have decided to file a petition for divorce by mutual consent and .....Tag this Judgment!
Court : Chennai
Decided on : Aug-26-2016
..... shall be handed over to the police under due acknowledgment, for the purpose of investigation. for signature comparison, the police require the signatures of kulandaivel, of the period when the mediation report dated 18.12.2014 was signed. kulandaivel is directed to co-operate with the police in this regard and furnish necessary particulars if available. the assistant commissioner of police ..... station, vepery to the file of b-4 high court police station, chennai. 16. learned additional public prosecutor submitted that the police need free access to the records in the mediation centre as well on the file of this court. 17. there is much force in the submission of the learned additional public prosecutor. therefore, this court permits the investigating officer ..... to the police or the registrar general of this court, if any enquiry is conducted and if it is found that there was impersonation of the defacto complainant before the mediation, it is open to petitioner to approach this court for appropriate orders. 7. in the result, this petition is not maintainable and hence, it is dismissed." 9. from a reading ..... .ramanathan, j. on 16.02.2015. mr.sathyaseelan for mr.elango, advocate appeared before r.s.ramanathan,j. on 16.02.2015 and contended that kulandaivel had not signed the mediation agreement and that someone had impersonated him. recording the submission, r.s.ramanathan,j. refused to interfere and dismissed the petition in crl.o.p.sr.no.2203 of 2015 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-15-2016
..... to the present dispute and all the disputes and differences in this regard have been amicably settled by the parties hereto through the process of mediation and shall not institute any other case against each other with reference to the present dispute.9. that the parties undertake before the hon'ble ..... the parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this settlement/agreement in the presence of the mediator.7. the terms of the settlement/agreement between the parties are as under:- a) both the parties agree that sucha singh s/o bachan singh ..... before it. ? pursuant to the order, it is heartening to note that the parties have reached an amicable settlement through the intervention of the mediation and conciliation centre attached to the punjab and haryana high court. the terms of the settlement have been reduced to writing and they have filed an ..... period of two weeks from today. he further states that the petitioners are agreeable to explore the possibility of an amicable settlement with the help of mediation centre in the high court of punjab and haryana at chandigarh. learned counsel for the respondents does not oppose that prayer. in the circumstances, the ..... kaur w/o dasondhi grandmother of both the parties village charheri, tehsil kharar, district mohali.2. the matter was referred to mediation and conciliation centre vide order dated 07.07.2015 passed by the hon'ble supreme court.3. the parties were explained the process of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-08-2016
..... by the parties in clause 17.2 of the agreement in question is reproduced as under: 17.2 arbitration: any claim or dispute that cannot be settled by way of mediation section 19.1, including any question regarding the existence, validity or termination of this agreement, shall be referred to and finally resolved by arbitration in new delhi, india in ..... authorization enclosed along with it. the alleged memorandum was never in the knowledge of the respondent. the same was brought to the knowledge of the respondent only during the prior mediation process in the month of december, 2014. upon internal scrutiny afterwards, it came to the knowledge of the respondent that the alleged memorandum has purportedly been executed by one of ..... clause 17.2 of agreement dated 9th june, 2009. 5. the said clause reads as under:- "17.2 arbitration : any claim or dispute that cannot be settled by way of mediation section 19.1, including any question regarding the existence, validity or termination of this agreement, shall be referred to and finally resolved by arbitration in new delhi, india in accordance ..... respondent were represented by mr. deepak thakur manager-legal and ms. manisha, but they failed to make any offer for settlement by mediation and the mediator was constrained to close the mediation as unsettled on 2nd january, 2015. 4. admittedly, the mediation having failed therefore the petitioner did not have any other option but to invoke arbitration by nominating mr.abhishek kumar, advocate at .....Tag this Judgment!