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TUSHAR RAO GEDELA
Rajender Kumar – Appellant
Versus
Devender – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Despite number of efforts, the respondent has not appeared.
2. Learned counsel for the petitioner submits that despite the fact that a Whatsapp message was sent to the learned counsel for respondent and also personal information given to the respondent too, there is no appearance either of the counsel or of the respondent.
3. In such peculiar circumstances, this Court is constrained to proceed with the disposal of the petition. The same was also directed vide para no.5 (wrongly entered as para no.4) in the order dated 30.01.2023.
4. The case of the petitioner is that after having filed the suit, by virtue of the order dated 25.10.2017, the parties were referred to the Mediation for the purposes of settlement, if any, of the dispute between the parties.
5. It appears that with efforts of the Mediation Centre at Karkardooma Court, a settlement agreement was reached between the parties on 25.11.2017 which was reduced into writing. The said settlement agreement appears at page no. 36 of the present petition. For the purpose of convenience, the settlement agreement duly signed and execut
Parties to a settlement agreement cannot retract from its terms once they have signed it voluntarily and affirmed it before the court.
Point of Law : Offences by companies - Cheque dishonoured - Mediation settlement - It is settled law and even otherwise settlement of Mediation Cell is deemed to be a decree and cannot be challenged.
The court can allow withdrawal of a petition based on a mediation settlement under Order XXIII Rule 1 read with Section 151 of CPC, 1908.
Mediation agreement reached by parties upheld by court as binding.
Court allows settlement between parties under Code of Civil Procedure, confirming binding terms of the Settlement Agreement and disposing of the suit as nothing remains for adjudication.
The court has the authority to allow condonation of delay in filing an appeal and to modify orders in view of settlement terms reached through mediation.
Court recognizes and enforces mediation settlement terms between parties in a writ petition.
Enforcement of Settlement Agreement
The court accepted a lawful settlement reached via mediation between the parties in a matrimonial appeal, emphasizing compliance with the agreed terms.
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