Injunction suit-mediation
VIJAY K. TEOTIA
(Querist) 02 September 2011
This query is : Resolved
A party filed civil suit in Bangalore for injunction and damages for alleged using similar trade mark. The court before proceeding further transferred the matter to mediation centre.
My question is how long the the mediation centre can hold the matter in the event of non appearence of respondent. further if the respondent do not appear in mediation, what will be the further proceeding and what effect it will have in the regular suit if case is remanded back to regular court failing mediation. we are respondent in the matter.
Raj Kumar Makkad
(Expert) 02 September 2011
If you being respondent are not interesting to attend mediation center, the case on the request of plaintiff shall again be refereed to same court and further proceeding shall take place which is pending in the case.
ajay sethi
(Expert) 02 September 2011
i agree with Mr makkad
Shailesh Kr. Shah
(Expert) 02 September 2011
yes, i also agree with Mr. Raj Kumar Makkad.
Swami Sadashiva Brahmendra Sar
(Expert) 03 September 2011
If you are not interested to compromise, you can refuse on first date and case shall be sent back immediately to the court concerned.Until and unless the settlement is signed, any party can leave the mediation at any time or any stage.
Your refusal will have no effect on merits of the case.The mediator will not record as to which party refused to participate in mediation process or who is guilty for failing the mediation.
If you do not appear before mediation center, fresh notices shall be issued to you and normally 2 or 3 such opportunities are given depending on willingness of the party who is present.
Kiran Kumar
(Expert) 03 September 2011
agree with Dr. Tripathi...
Guest
(Expert) 03 September 2011
If you have no such willing file a memo to transfer the same to court for trail. it is enough
R.Ramachandran
(Expert) 03 September 2011
I completely agree with the above views of the experts. From the mediation council, the matter again will go back to the bench which was dealing with the matter. You have to contest the matter on merit.
prabhakar singh
(Expert) 03 September 2011
i am in agreement with views expressed by Mr.Makkad n DR.Tripathi.
VIJAY K. TEOTIA
(Querist) 03 September 2011
Thanks to all for the above clarifications.
Can we submit our version in mediation proceedings in writing (through advocate or without advocate) without appearing personally.
R.Ramachandran
(Expert) 03 September 2011
What is the difficulty in appearing personally? The very purpose of mediation is to sort out things across the table. If you are not to appear in person the very purpose of mediation will get defeated. Either you should go for mediation or straight away contest the case. There is a distinct possibility that your non-appearance before the mediation council may not go down well with the bench, there is also a possibility of the bench drawing adverse inference.
prabhakar singh
(Expert) 03 September 2011
Mediation is mediation.If you consider it a sheer procedure or formality of some kind,better don't even agree for.Life is full of gives n takes ,and mediation is a process to let it be realized by parties who for some psycho phobic reasons may not realize the realities and can not value the time and peace.
