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2017 Supreme(SC) 1051

ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL
Govind Prasad Sharma – Appellant
Versus
Doon Valley Officers Cooperative Housing Society Ltd. – Respondent


Advocates Appeared:
For the Appellant :- P.I. Jose, Adv.
For the Respondent:- Hrishikesh Baruah, Adv.

JUDGMENT

R.F. Nariman, J.

Leave granted.

2. The appellants are before us, against a judgment dated 12.12.2014, passed by the High Court of Uttarakhand at Nainital, in which a demarcation report made by a government agency, in the course of conciliation proceedings between the parties, was sought to be relied upon. The Special Judge at Dehradun, specifically referring to Sections 75 and 81 of the Arbitration and Conciliation Act, 1996, dismissed the Revision Petition on 11.12.2012 that was filed against an order dated 06.12.2010, by which an application by the plaintiff for taking the said report as evidence was dismissed. Interfering with the said orders in a Writ Petition filed, the impugned order has allowed the said report to be admitted into evidence.

3. Mr. V. Hansaria, learned Senior Counsel appearing on behalf of the appellants, has argued that Section 75 is in very wide terms and that parties are to keep confidential all matters relating to conciliation proceedings. He also referred to Section 81 of the Act, and stated that parties cannot rely upon or introduce as evidence in arbitral or judicial proceedings, proposals made by the conciliator under sub-clause (c) from which the
















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