The petition seeking reference to a mediator for settlement of disputes was disposed of. The court held that settled disputes via mediation are final and unreferenced matters retain remedies in law without prejudice to party rights.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Writ Petition No.789 of 2007
Mr. Sunil Lazares Anthony
Petitioner
Vs.
M/s.Laxmi Choice Associates & ors.
Respondents
Mr.Shirish Gupte, Senior Advocate with Mr.Subodh Desai for petitioner.
Mr.R.D.Sawant i/b. Mr.Dilip Devadiga for res.no.87.
Mr.Mandar Limaye for resp.no.109.
Ms.Sapana Rachure i/b. M/s.T.N.Tripathi & Co. for resp.nos.113 & 114.
Ms.Kavita Anchan i/b. M/s.M.V.Kini & Co. for resp.no.123.
Mr.Vishal Lohire i/b. Negandhi Shah & Himayatullah for resp.no. 132.
Ms.Falguni Merchant i/b. Mr.Jay Bhatia for resp.no.122.
Mr.V.B.Konde-Deshmukh, APP for State.
CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ.
August 10, 2009.
P.C.
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in this petition was for reference to the Mediator for facilitating
the petitioner and the respondents to arrive at an amicable settlement of their disputes and resolution thereof. Mr.Justice J.A. Patil (Retired) came to be appointed as the Mediator by this Court and he submitted his interim report, final report dated 15/4/2009 and additional report dated 11/7/2009 along with his forwarding letter dated 24th July 2009. We have noted that the mediation proceedings have been fruitful in some cases and in some other cases the claims have been waiting for approval / sanction by the State Bank of Saurashtra higher ups. We are also informed that the mediation proceedings are still in progress. We have gone through the chart annexed to affidavit filed by Ms.Puja Sakpal, Power of Attorney Holder of some of the respondents, dated 5/8/2009 as well as the chart annexed with the petitioner’s affidavit which indicates the settled disputes before ADR (Mediator) and compliances either done or required to be done.
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disputes / recoveries and disposal of this petition would not prevent the learned Mediator to proceed further.
(SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)
1 issue framed by the court
Whether the High Court should dispose of the writ petition seeking reference to a mediator for settlement of disputes.
Sr. K.
M/s. Laxmi Choice Associates & ors.
B.H. Marlapalle
Roshan S. Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
