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2024 Supreme(Online)(GUJ) 10406
HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE ANIRUDDHA P. MAYEE, J
J N BAROT – Appellant
Versus
UNION OF INDIA THROUGH GENERAL MANAGER – Respondent
C/FA/3046/2012
The court emphasized the role of mediation in resolving disputes amicably, directing both parties to participate in the mediation process.
Headnote:(A) Arbitration and Conciliation Act, 1996 - The court noted the appellant's desire to settle the dispute through mediation and referred the matter to the Mediation and Conciliation Centre, High Court, for amicable resolution. (Paras 1-4)
Facts of the case:
The appellant expressed a wish to mediate the dispute, while the respondent sought instructions regarding this proposal. The award was partly in favor of the Railways, with a part of the appellant's claim rejected by the Arbitrator.
Findings of Court:
The court found it appropriate to refer the matter to mediation to resolve the dispute amicably.
Issues: The main issue was whether the dispute could be settled through mediation.
Ratio Decidendi: The court emphasized the importance of mediation in resolving disputes amicably and directed both parties to participate in the mediation process.
Result: Matter referred to Mediation and Conciliation Centre.
1. Mr. J.N. Barot, the appellant herein in person would state that he wants to settle the dispute in the process of mediation.
Mr. Shushil Shukla, learned advocate has put in appearance on behalf of the respondent – Railways. He would submit that he shall seek instructions from the respondent – Railways about the proposal of the appellant.
2. Noticing above, we may record that the award is partly in favour of the Railways and the part declaration in favour of the challenge is to the part rejection of the claim of the appellant by the Arbitrator.
3. In this situation, we find it fit and proper that the matter may be referred to the Mediation and Conciliation Centre, High Court, so that an effort may be made to resolve the dispute amicably.
4. Let the matter be placed before the Mediation and Conciliation Centre, High Court. The appellant as also the representative of the Railways will participate in the mediation process. The mediation report be submitted within a period of two months from today. Let this matter be posted on 11.07.2024. The request in writing made by the appellant to refer the matter to Mediation and Conciliation Centre, High Court is taken on record.
