The Supreme Court dismissed a writ petition and an accompanying civil application. The writ was rejected as the impugned order was discretionary and for good reasons. The civil application was dismissed with a direction to share mediator fees equally.
Writ petition dismissed; civil application rejected with direction for equal sharing of mediator fees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.102 OF 2009
WITH
CIVIL APPLICATION NO.405 OF 2009
Rupal Mayur Doshi ...Petitioner
V/s.
Mayur Jaswantray Doshi ...Respondent
Mrs.Hansa Ashar Mehta i/b Mr.B.B.Parekh for
Petitioner.
Ms.Sheela Tambe i/b Mr.Manoj Bhatt for Respondent.
CORAM: A.M.KHANWILKAR, J.
MARCH 26, 2009.
P.C.
1. Heard Counsel for the parties.
2. Perused the impugned order. For the
reasons recorded therein, no interference in
exercise of writ jurisdiction is warranted in the
fact situation of the present case. For, the order
impugned is a discretionary order and passed for
good reasons. Dismissed.
3. Request made in Civil Application cannot
be entertained. Both parties have to share the
: 2 :
Mediator’s fees equally. Moreso, when the
Applicant willingly participated in the mediation
proceedings without any demur. The relief claimed
is therefore rejected. The Applicant shall ensure
that the balance amount to be paid to the Mediator
is made over at the earliest and not later than
four weeks from today, failing which, it will be
open to the Respondent to inform the Trial Court
about the lapse committed by the Applicant, in
which case, the Trial Court may consider passing
order of striking of the defence of the Applicant,
if so advised. All questions in that behalf are
left open.
4. Copy of this order be forwarded to the
Coordinator, High Court Mediation Centre for
information and necessary action.
5. The Court expresses word of gratitude to
the Mediator for having put in sincere effort to
guide the parties to amicably settle the dispute.
Copy of this order be also forwarded to the
Mediator.
A.M.KHANWILKAR, J.
Rupal Mayur Doshi
Mayur Jaswantray Doshi
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court