Back
2025 Supreme(SC) 43
SUPREME COURT OF INDIA
J.K. Maheshwari, Rajesh Bindal, JJ.
Shri Jain Shwetamber Shri Sangh Panjikrit Sanstha, Through President – Appellant
Versus
State Of Rajasthan And Others – Respondents
Civil Appeal Nos. 206 of 2025 (Arising out of S.L.P. (C) No. 25759 of 2023)
Decided On : 06-01-2025
For the Petitioner(s): Ms. Christi Jain, AOR
For the Respondent(s): Mr. K. Paari Vendhan, AOR Mr. Rishabh Sancheti, Adv. Ms. Padmapriya Sancheti, Adv. Mr. Nipun Katyal, Adv. Mr. Archit Jain, Adv. Mr. Dhananjay Kumar, Adv. Mr. Meghraj Singh, Adv. Mr. Asa Harivenkat, Adv. Mr. Shashank Shekhar, AOR Ms. Shilpa Singh, AOR
The court upheld a mediation settlement agreement, emphasizing its binding nature and the importance of amicable dispute resolution.
Headnote:(A) Civil Procedure Code, 1908 - Section 142 - Compromise Agreement - The appellant challenged the High Court's dismissal of their appeal regarding a civil suit. The parties reached a settlement through mediation, agreeing on the terms of ownership and management of properties and payment of Rs. 8,11,00,000/- by the respondent. (Paras 3, 4, 5, 6)
(B) Settlement of Disputes - The court emphasized the importance of mediation and amicable resolution of disputes, highlighting that the terms settled by the parties were binding and would be recorded by the court. (Paras 7, 8)
Facts of the case:
The appellant sought to challenge a High Court judgment dismissing their appeal against a trial court decision. The parties engaged in mediation, resulting in a settlement including property management and financial compensation.
Findings of Court:
The appeal was disposed of, modifying the lower court's judgment to reflect the terms of the settlement, which would be recorded as part of the decree.
Issues: The primary issue was whether the compromise agreement reached through mediation should be upheld and incorporated into the court's decree.
Ratio Decidendi: The court recognized the validity of the compromise agreement, underscoring the judiciary's role in facilitating amicable settlements and ensuring compliance with the agreed terms.
Result: Appeal disposed of in terms of settlement.
JUDGMENT :
Rajesh Bindal, J.
1. Leave granted.
2. The appellant approached this Court impugning the judgment1[Dated 02.08.2023] of the High Court2[Rajasthan High Court, Bench at Jaipur] passed in S.B. Civil First Appeal No.1015 of 2019. Vide the aforesaid judgment, appeal challenging the judgment and decree3[Dated 12.07.2019] passed by the Trial Court in Civil Suit No.22 of 2017, was dismissed.
3. This Court vide order dated 01.12.2023, considering the lis between the parties, and with their consent, referred the matter to mediation and as agreed, Hon’ble Mr. Justice S. Ravindra Bhat, Former Judge of this Court, was appointed as mediator. The report of mediation has been received and a Compromise Agreement has been signed by the parties on 07.12.2024. In terms of the agreement, a sum of Rs. 8,11,00,000/- (Rupees Eight Crores and Eleven Lakhs only) is to be paid by respondent no.4 to the appellant. Whereas, in accordance to the terms between the parties, Rs.11,00,000/- (Rupees Eleven Lakhs only) was paid at the time of execution of the Compromise Agreement vide Cheque No.228699 dated 24.10.2024 drawn on Punjab National Bank.
4. The terms settled between the parties are extracted below:
“5. That as a result of the sincere efforts of the Mediator - Hon'ble Mr. Justice (Retd) S. Ravindra Bhat, party no.1 and party no.2 have amicably settled all the disputes and issues between them on the following terms:-
(i) That party no.1 Shri Jain Shwetambar Shree Sangh or its office bearers shall have no right, title, interest, possessionor claim in the Dadabari complex. The Dadabari complex and all the movable and immovable property including the Bhandars will be of the sole ownership, possession and management of the party no.2 i.e. Shri Jain Shwetambar Khartargachh Sangh.
(ii) The two temples in Ajmer city (Sambhavnath Bhagwan ka Mandir, Lakhan Kothri, Ajmer, and Rishabhdev Bhagwan ka Mandir, Sundar Vilas, Ajmer) and all the movable and immovable properties thereof shall be owned and managed solely by party no.1 Shri Jain Shwetambar Shree Sangh. Party no.2 Shri Jain Shwetambar Khartargachh Sangh will have no right, title or interest or possession thereof nor shall it interfere with the management of the aforesaid two temples in Ajmer City.
(iii) The parties to this settlement have with respect to the bank accounts agree as under:
Bank Accounts of Shri Jain Shwetambar Shree Sangh
a. Shri Jain Shwetambar Shree Sangh A/c no. 0771 2413 000 307, Bank Name - Punjab National Bank, Vaishali Nagar, Ajmer, Rajasthan - 305001.
b. Shri Jain Shwetambar Shree Sangh A/c no. 0771 2413 000 308, Bank Name- Punjab National Bank, Vaishali Nagar, Ajmer, Rajasthan - 305001.
c. Shri Jain Shwetambar Shree Sangh A/c no. 0771 2413 000 309, Bank Name- Punjab National Bank, Vaishali Nagar, Ajmer, Rajasthan - 305001.
It is agreed and declared that the right to operate and make any withdrawals in respect of the abovesaid accounts shall be solely of Shri Jain Shwetambar Shree Sangh. Party no.2 shall have no claim to any of the above accounts in any respect, nor shall they claim any balance or right to operate. Furthermore, amounts paid to party no.1 by party no.2 shall be deposited in Shri Jain Shwetambar Shree Sangh A/c no. 0771 2413 000 307, Bank Name- Punjab National Bank, abovesaid.
(iv) That party no.2 shall pay a sum of Rs.8,11,00,000/- (Rupees Eight Crores and Eleven Lakhs only) in the following manner: -
a. A sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) is being paid by party no.2 to the party no.1 upon execution of the present agreement by Cheque no.228699 dated 24.10.2024 drawn on Punjab National Bank.
b. The balance sum of Rs.8,00,00,000/- (Rupees Eight Crores only) would be paid by the party no.2 to party no.1 at the time of passing of final order by the Hon'ble Supreme Court.
(v) Upon payment of the total sum of Rs.8,11,00,000/- (Rupees Eight Crores and Eleven Lakhs only) by party no.2 Shri Jain Shwetambar Khartargachh Sangh to party no.1 i.e. Shri Jain Shwetambar Shree
