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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Sarvdeep Garg - Appellant
Versus
Almond Infrabuild Pvt. Ltd. - Respondent
O.M.P.(I) (COMM.) 174 of 2021
Decided On : 21-10-2021




Mediation is effective in resolving disputes, and once a settlement is achieved, no further adjudication is warranted.

Headnote:(A) Civil Procedure Code, 1908 - Sections 151 and Order I Rule 10 - Mediation and Conciliation - Parties settled dispute through mediation facilitated by the Delhi High Court Mediation and Conciliation Centre; settlement agreement dated 29th July, 2021, acknowledged and accepted. Court finds that, with the settlement agreement in place, there remains no matter for adjudication. (Paras 2, 3, 4)

(B) Dispute resolution - Mediation - Role of mediation in resolving disputes efficiently; parties are encouraged to abide by settlement terms to ensure compliance and avoid future litigation. (Para 4)

Facts of the case:
The appellant and respondent reached a settlement regarding their dispute with the assistance of the Delhi High Court Mediation and Conciliation Centre; necessary parties involved were represented during the process.

Findings of Court:
Since the dispute has been settled and parties have agreed to abide by the settlement terms, no further adjudication is required, and all miscellaneous applications are rendered infructuous.

Issues: The main issue was whether the matter could proceed further in light of the settlement agreement achieved through mediation.

Ratio Decidendi: Court affirms the validity of the mediation agreement and emphasizes that, with a settlement in place, the court has no further role in adjudicating the dispute.

Result: Petition disposed of in terms of the Settlement Agreement.

Table of Content
1. dispute settled through mediation. (Para 1 , 2 , 3)
2. parties bound by settlement agreement. (Para 4)
3. petition disposed in light of settlement. (Para 5)

ORDER (Oral)

(Video-Conferencing)

O.M.P.(I) (COMM.) 174/2021, I.A. 7117/2021 (Section 151 CPC), I.A. 7118/2021 (Section 151 CPC) & I.A. 12654/2021 (Order I Rule 10 CPC)

1. This matter is taken up today as 18th October, 2021 being declared a holiday.

2. Consequent to the order passed on the last date of hearing, vakalatnama stands filed by Mr. Krish Kalra, on behalf of M/s ATS Infrastructure Ltd, which is one of the necessary parties to the settlement arrived at in this matter.

3. The dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The Settlement Agreement dated 29th July, 2021 is already on record.

4. Learned counsel for the parties submit that parties undertake to abide and remain bound by the terms of the aforesaid Settlement Agreement. In view thereof, nothing survives for adjudication in the present matter.

5. The petition is, accordingly, disposed of in terms of the Settlement Agreement dated 29th July, 2021, by which the parties shall remain bound. Miscellaneous applications are also disposed of as being rendered infructuous.

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