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2016 Supreme(Online)(KER) 33835
HIGH COURT OF KERALA
B.KEMAL PASHA, J
RAVINATH MOHANDAS – Appellant
Versus
RAJEEV MOHANDAS Advocate - C P MOHAMMED NIAS ,C P MOHAMMED NIAS – Respondent
OP (CIVIL) 1772/2015
Mediation can effectively resolve family business disputes, and courts may recognize and enforce mediated settlements.
Headnote:
Mediation - Family Dispute - Settlement - N/A - Mediation leads to resolution of serious family business disputes through formal acceptance of terms by the court.
Fact of the Case:
A family business dispute led to several failed mediation attempts until a successful settlement was reached, which was mediated by a former Supreme Court judge. The settlement's terms were agreed upon by all parties and documented.
Finding of the Court:
The court accepted the mediation report, acknowledging the legal nature of the terms and disposing the original case as well as the writ petition in line with the mediation agreement, ensuring legal documentation.
Issues: Whether the terms of the mediation settlement can be legally accepted and recorded by the court.
Ratio Decidendi: The legal validity of mediation settlements is upheld as they can effectively resolve disputes, contributing to family harmony and peace.
Final Decision: The court accepted the mediation report and disposed of the case accordingly.
J U D G M E N T
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The matter was referred for mediation to the Hon'ble Justice K.T.Thomas, Former Judge of the Supreme Court of India. His Lordship has mediated the matter, and after a prolonged mediation, a settlement has been arrived at. The terms of settlement in the mediation has been recorded by His Lordship and the same has been filed before this Court. The parties have agreed to all the terms and conditions in the settlement.
2. It was a serious matter in which several attempts for mediation were made, and all such attempts failed. Through the settlement, all the serious disputes in the business of a family among its members could be settled, and peace could be regained in the family.
3. As all the terms of settlement are legal, the same OPC.1772/2015 is only to be accepted. The terms of settlement in the report filed by the Hon'ble Mediator are accepted. OS No.220/2013 of the Subordinate Judge's Court, Kozhikode is disposed of in terms of the mediation report and the same shall be appended with the decree. Similarly, this writ petition is also disposed of in terms of the mediation report and a copy of the same shall be appended with this judgment. The original of the report on mediation shall be forwarded to the Subordinate Judge's Court, Kozhikode, in order to append it with the decree.
This Court records its deep appreciation towards the earnest efforts made by His Lordship Justice K.T.Thomas, Former Judge of the Supreme Court of India, in bringing out such a settlement.
