DATTA ENTERPRISES Vs. NITESH HOUSING DEVELOPERS PVT LTD.

JUDGEMENT

(1.) Petitioner-Partnership Firm in this petition filed under Article 227 of the Constitution of India, calls in question the order dtd. 2/1/2021, a copy whereof avails at Annexure-A whereby, the learned LXXXII Addl. City Civil and Sessions Judge, Bangalore, has declined to record the compromise entered into between the parties to the petition by setting aside/modifying the award in question.

(2.) Learned Sr. Advocate appearing for the Petitioner submits that the purpose of adjudicatory process, be it at the hands of the Court or the Arbitrator is to give a decent burial to the lis at hands and, if the parties have compromised the issue, all other impediments would pale into insignificance and the compromise has to be recorded, in accordance with law.

(3.) Learned counsel appearing for the respondent does not much dispute the same and thus, there is a bonafide case for recording of the compromise, both the sides also submit that in terms of the compromise petition, the award be set-aside and fresh award be entered in lieu thereof. The application for reporting compromise filed under Order XXIII Rule 3 read with Sec. 89 of CPC, reads as under: