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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Atul Kumar - Appellant
Versus
Naomi Rewari - Respondent
Arb.P. 1020 of 2021
Decided On : 09-02-2022
| Table of Content |
|---|
| 1. filing under arbitration act (Para 1 , 2) |
| 2. parties have settled disputes (Para 3 , 4 , 5) |
| 3. petition disposed as per settlement (Para 6) |
| 4. parties bound by settlement terms (Para 7) |
The hearing has been conducted through video conferencing.
1. The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator.
2. Vide order dated 12.10.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre for making an effort to amicably resolve their disputes.
3. Today, learned counsel for parties have jointly submitted that parties have amicably settled their disputes before the Delhi High Court Mediation and Conciliation Centre in terms of Settlement Agreement dated 13.01.2022.
4. Learned counsel for the petitioners submits that in terms of aforesaid settlement, the present petition be disposed of.
5. Learned counsel appearing on behalf of respondent submits that the respondents undertake to abide by the terms of aforesaid Settlement Agreement dated 13.01.2022.
6. Accordingly, the present petition is disposed of in terms of Settlement Agreement dated 13.01.2022.
7. Needless to say, parties shall be bound by the terms of aforesaid Settlement Agreement.
The court affirmed that parties may resolve their disputes amicably, and once a settlement is reached, they are bound by its terms.
Disputes can be effectively resolved through mediation, and courts may dispose of petitions based on the terms agreed in a settlement, provided all parties consent.
The Court may defer an application under S. 11 of the Arbitration and Conciliation Act if the contract mandates a preliminary negotiation mechanism that has not yet been exhausted by the parties.
The court confirmed the agreement provisions for arbitration and appointed a retired judge as the Arbitrator under the Arbitration and Conciliation Act, ensuring all parties consented to the process.
Once the decretal amount of an arbitral award is satisfied, there is no further matter for adjudication in enforcement petitions.
The central legal point established in the judgment is the court's authority to appoint an arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996, in accordance with the dispute r....
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