High Court Delhi disposed of a reference on Mediation Rules by holding that a suit may be disposed of under Order XXIII Rule 3 CPC if a written settlement agreement signed by parties exists, regardless of whether it was filed in court or reached outside during mediation.
None applicable; Reference question disposed on grounds of existing written settlement.
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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
Civil Procedure, 1908 (CPC) by the Court of Sh. Rakesh Kumar
Singh, Civil Judge-11, Central District, Tis Hazari Courts, Delhi whereby the learned trial court has framed the following questions for being answered by this Court.
O .Ref. No. 01/2016 Page 1 of 4
questions which have been sent as Reference to be answered by this Court really need to be answered, because the admitted position of facts on the basis of which the above-stated questions have been framed to be answered by this Court under Section 113 CPC are that there existed an agreement in writing between the parties to the suit before the Mediation Centre. This agreement in writing was also signed by the parties. Once that is so then the requirements of Order XXIII Rule 3 CPC are satisfied and which provides that a court can
O .Ref. No. 01/2016 Page 2 of 4
dispose of a suit once it is found that the parties by a written agreement signed by them have agreed to settle the disputes which are subject matter of the suit in a particular manner. Order XXIII Rule 3 CPC does not require filing of a joint application signed by the parties
and supported by their affidavits, and all that is required is that there should be an agreement in writing signed by the parties, and which is an admitted position in this case because parties have entered into a settlement in writing under the signatures before the Mediation Centre, and which is sufficient for disposal of the suit under Order XXIII Rule 3 CPC. No other aspect therefore was required to be looked into by
the trial court for disposing of the suit and no issue therefore arises with respect to any of the questions framed by the trial court for being answered by this Court under Section 113 CPC.
O .Ref. No. 01/2016 Page 3 of 4
requirements of Order XXIII Rule 3 CPC are satisfied, and the Court in such a situation has to dispose of a suit in terms of the aforesaid agreed written settlement agreement between the parties signed by them, which falls under Order XXIII Rule 3 CPC.
Registry of this Court to the concerned court.
NOVEMBER 12, 2018/ ib
VALMIKI J. MEHTA, J
O .Ref. No. 01/2016 Page 4 of 4
2 issues framed by the court
Whether an unwritten agreement reached in mediation can dispose of a suit.
Whether the specific questions on Mediation Rules are necessary given the existence of a signed written settlement.
2 provisions across 1 enactments
Rohit Kumar
Sunil Tyagi
Valmiki J. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
