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Aug 02 2005 (SC)

Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR2005SC3353; 2005(5)ALD1(SC); 2005(5)ALLMR(SC)876; 2005(3)ARBLR81(SC); 2005(3)AWC2996(SC); 2005(3)BLJR1934; 2005(6)BomCR839; (2006)2GLR1312; JT2005(6)SC486; 2005(6)KarLJ5

..... suit or in any other suit or proceedings.(vii) such other categories of persons as may be notified by the high court.rule 6 : venue for conducting mediation :the mediator shall conduct the mediation at one or other of the following places:(i) venue of the lok adalat or permanent lok adalat.(ii) any place identified by the district judge within the ..... commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.rule 20 : confidentiality, disclosure and inadmissibility of information:(1) when a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party.(2 ..... directed to examine it and if agreed, it shall request the planning commission and finance commission to make specific financial allocation for the judiciary for including the expenses involved for mediation/conciliation under section 89 of the code. in case, central government has any reservations, the same shall be placed before the court within four months. in such event, the ..... , 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 .....

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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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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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Aug 27 1997 (HC)

PravIn Chandra Murarji Savla Vs. Meghji Murji Shah and anr.

Court : Gujarat

Reported in : (1998)1GLR778

..... have been heard on different occasions separately they were heard and they have participated in the proceedings and describing padamshi lalka shah as a mediator or madhyasthi is immaterial. sixthly, he submitted that on 13-10-1983 the said chartered accountant padamshi lalka shah gave an award and posted ..... on the letter head of padamshi lalka shah, which is produced at mark 3/1. said writing is captioned as 'consent letter for appointing mediator'. secondly, the writing is contained on the letter head of padamshi lalka shah, who was practicing as chartered accountant. thirdly, it is clearly ..... the dispute as regards accounts between the parties padamshi lalka shah chartered accountant, has stated that for resolving said dispute he was appointed as 'mediator' and it was agreed that whatever decision he shall render shall be binding on the parties and that no objection shall be taken against such ..... said padamshi lalka did not amount to appointing him as madhyasthi or mediator. 6. on the other hand, mr. y. s. mankad, learned counsel appearing for the defendant-meghji murji shah, who expired during pendency ..... agreement and he erred in relying upon the subsequent writing produced at mark 3/1 whereby padamshi lalka was stated to have been appointed as mediator (madhyasthi). in his submission, he was simply appointed as arbitrator in terms of partnership deed and subsequent writing on the letter head of .....

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Sep 21 2007 (HC)

Patibanda Soma Sundara Rao Vs. Chilakamarthi Mohana Rao

Court : Andhra Pradesh

Reported in : 2008(1)ALD270; 2008(1)ALT701

..... .c. a further submission has been made that the respondent/1st defendant subscribed his signature on ex. a2 consenting to the award of the mediator-pw.1 and that itself is sufficient to record the compromise under the provisions of order 23, rule 3 cpc incorporating the settlement arrived at ..... . learned counsel appearing for the appellant/plaintiff submits that the respondent/1st defendant consented to the terms of compromise arrived at between them before the mediator and signed on ex. a2 and therefore, the respondent/1st defendant cannot be permitted to withdraw his consent, in which case, there is no ..... from the court as contemplated under order 32, rule 7 cpc on behalf of the minor/2nd defendant for settlement of the dispute before the mediator. with the above observations, the learned i additional senior civil judge proceeded to allow the appeal and consequently, set aside the judgment and decree ..... re-appreciation of evidence brought on record and on hearing counsel for the parties, came to the conclusion that the award passed by the mediator cannot be based for recording compromise under order xxiii rule 3 cpc since the award had no consent of the first defendant/appellant. the learned ..... evidence brought on record and on hearing counsel for the parties, came to the conclusion that 1st defendant accepted to the verdict given by the mediator-pw.1 and therefore, he cannot be permitted to withdraw his consent. the learned principal district munsif further held that since the sale deed .....

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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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Sep 01 1927 (PC)

Gadamsetty Nammalwar Chetti and anr. Vs. Gadamsetty Perundevi Thayaram ...

Court : Chennai

Reported in : AIR1927Mad1031; (1927)53MLJ802

..... as regards the costs which have been ordered to be paid to the 3rd defendant's legal representative's guardian, it can only be observed that the mediator was a necessary party to the suit and, as he is not himself liable for costs, he must be paid by the losing party.reilly, j.7 ..... of it for his own benefit. this contention therefore cannot be accepted.5. the further contention that by placing the jewels in the hands of a mediator the husband did obtain relief and that the jewels themselves were the cause of his relief and that therefore he is not liable to make them good ..... jewels were plaintiff's.3. the next question is whether the husband had disposed of these jewels before he died. he had deposited them with a mediator who was to hold them pending sanction of the court being obtained. his possession therefore was clearly the possession of the person who would be entitled to ..... 12,300 the undermentioned jewels should he handed over by the 1st defendant to the 1st plaintiff .... all the eight items have now been deposited with the mediator pending the order of this hon'ble court granting leave to the 1st plaintiff to receive them.2. before the leave of the court was obtained the ..... case it happens that the jewels, pending the sanction of the court, were handed over to a third party, a 'mediator'. but that does not really affect the legal position at all, the mediator being like a stake-holder trustee for whichever party might eventually be entitled to the jewels.11. what appeared to me .....

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Jan 28 2015 (HC)

Ramanand Mishra Vs. Pradyumn Singh

Court : Madhya Pradesh

..... another, viii (2014) slt 707=iv (2014) bc 392 (sc)=(civil appeal no. 8614/2014, date of judgment 10th september, 2014). 7. as per the mediator report and the record of the trial court, it appears that the applicant had deposited the fine amount. hence, the trial court is hereby directed to refund the fine ..... 138 of the act. the applicant is discharged from the bail and bail bonds. 6. as the matter between the parties is settled through the process of mediation, this court waives the applicant from payment of compounding cost as specified in the guidelines 1(c) laid down in the case of damodar s prabhu v ..... the act, the offence under section 138 of the act is compoundable. since the dispute between the parties had been settled though the process of mediation, this court accepts the mediation report. on the basis of it, the impugned judgment dated 23.1.2008 is hereby set aside and the applicant is acquitted of the ..... the case be settled as per the report of the mediator. 5. in the case of kaushalya devi v. roop kishore, i (2012) bc 466 (sc)=i (2012) ccr 67 (sc)=ix (2011) slt 664=2011 ..... rs. 15,000/- from the applicant. further according to report, the applicant paid the aforesaid amount in cash to the respondent at the time of mediation process itself. the mediator in his report recommends the closure of the revision. 4. on 5.1.2015, the learned counsel for the parties stated at the bar that .....

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Jul 21 2009 (HC)

Goulla Appaiah Vs. State of A.P.

Court : Andhra Pradesh

Reported in : 2009CriLJ4377

..... t. sarada) testified the fact of their witnessing the appellant throwing some object into the water pit at yerracheruvu (tank). p.w. 8 (p. amaranatha), is a mediator present at the inquest held over the body of the deceased. p.w. 9 (p. reddeppa) spoke about the seizure of some hair by p.w.-15 from ..... the place of occurrence. p.w. 10 (k. sahadeva reddy) is another mediator spoke about the arrest of the appellant and seizure of the clothes of the appellant containing blood-stains which he wore at the time of incident. p.w. 11 ..... 33. another circumstance which also requires consideration is that from the evidence of p.w. 14, the inspector of police and p.w. 10, the mediator, it is made out that after the appellant was arrested, he was seen wearing the clothes containing bloodstains, they were seized under the cover of ex. p- ..... 6 mediator's report. according to the version of the investigating officer, the appellant in fact washed the said clothes but still there were traces of blood on the ..... hair of 3' in length from the scene of offence under cover of ex. p-5 mediators' report in the presence of mediators, p.w. 9 and lw-17 (buddannagari ramakrishna) while observing the scene of offence. p.w. 9, the mediator as well as p.w. 15, the sub-inspector of police testified the said fact. .....

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Feb 27 1987 (HC)

Shailesh Prabhudas Mehta and Others Vs. Calico Dyeing and Printing Mil ...

Court : Mumbai

Reported in : [1990]67CompCas533(Bom)

..... the mediator declined to act any further. mr. kamdar submits that these reasons are no grounds for refusing transmission, however, i cannot agree with mr. kamdar on this. it is very clear ..... approached one b. m. kothari and had requested him to act as mediator and that the said mr. kothari had agreed to act as a mediator. however, it was the first petitioner who refused to co-operate, and therefore, mediation could not take place. in this regard, the report of the mediator was shown to me which clearly shows that it was the first ..... petitioner who had refused to permit the mediation to proceed and it was under those circumstances that .....

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