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2008 Supreme(Del) 1129

J.R.MIDHA, PRADEEP NANDRAJOG
D. D. A – Appellant
Versus
HAPPY HIMALAYA CONSTRUCTION CO. – Respondent


Advocates Appeared:
Mr.Ajay Verma, Adv. and Mr.Amit Mehra, Adv.
Mr.B.M.Sehgal, Adv.

PRADEEP NANDRAJOG, J.(Oral)

1. Heard learned counsel for the parties for final disposal.

.2. The dispute centers on the interpretation of Section 89 of the Code of Civil Procedure, 1908 which reads as under:- 89. Settlement of disputes outside the Court.(1) Where it appears to the Court that there exists elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, 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 proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act; (b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and




















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