ANILKUMAR PHOOLCHAND SANGHVI Vs. CHANDRAKANT PHOOLCHAND SANGHVI

JUDGEMENT

(1.) This appeal is directed against the following order of the learned Single Judge, dated 14 January 2013:-

(2.) Appointment of the Mediator was made by another learned Single Judge of this Court by order dated 7 September 2012 in Arbitration Application No.34 of 2012, which was filed by the present respondents under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act"). In the said arbitration application, the Court passed consent order dated 7 September 2012 recording that both the learned Senior Counsel appearing on behalf of the contesting parties had agreed before the Court that they would explore the possibility of a mediated settlement since the parties are closely related (parties are brothers). Accordingly, Mr.Sriram Panchoo, Senior Advocate has been appointed as a mediator. Parties agreed that all their disputes and differences be made the subject matter of the mediation proceedings without prejudice to their rights and contentions and all proceedings between the parties were agreed to be held in abeyance in the meantime to facilitate a settlement being explored. Further hearing of the arbitration application was adjourned to 2 November 2012, so that the Court would be apprised of the progress in the meantime. Parties also agreed to bear the fees and expenses of the mediator in equal proportion.

(3.) As far as Appeal from Order no.275 of 2012 giving rise to the present appeal is concerned, by order dated 5 October 2012 the learned Single Judge merely adjourned hearing of appeal from order to 27 November 2012. The learned Single Judge passed subsequent order dated 4 December 2012, which reads as under:-