RAVI AGGARWAL Vs. ANIL JAGOTA

JUDGEMENT

(1.) Learned counsel for the respondent/caveator has entered appearance, thus the caveat stands discharged. Allowed subject to just exceptions. 1. The present appeal in fact raises an interesting question of law as to how a settlement recorded in a private mediation should be enforceable.

(2.) The factual matrix of the case is set out.The parties were partners in M/s. Plywood Traders. There were some disputes and the matter was taken up for mediation by one Mr.Virender Taneja, who was known to both the parties. A settlement was arrived at between the parties.

(3.) The appellant filed a petition under Section 8 read with Section 11 of the Arbitration and Conciliation Act on the ground that certain disputes had arisen between the parties and on account of there being an arbitration clause in the Partnership Deed, reference should be made to an arbitrator. The respondent took a preliminary objection that the disputes between the parties stood resolved in a private mediation where the mediator has been jointly appointed by the parties and thus nothing remained to be adjudicated. Respondent also took a stand that he has no objection if the settlement is implemented and acted upon. In fact the stand in those proceedings of the respondent was that the settlement had already been acted upon though this position was disputed by the appellant. The appellant also stated that he had no objection if the settlement was acted upon. The learned Single Judge thus by an order dated 25.10.2005, found that there was no need to appoint an arbitrator and in case the plea of the appellant was that "the settlement/award had not been implemented fully", it was open to seek enforcement thereof by resorting to appropriate legal proceedings.