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Settlement of disputes in CPC,1908

 

 

Section 89- Settlement of disputes outside the Court

Sub Section (1)

*Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observation of the parties, the court may reformulate the terms of a possible settlement and refer the same for-

 

(a) arbitration;

(b) conciliation

(c) judicial settlement including settlement through Lok Adalat; or

(d) mediation.

 

*Sec. 89 was repealed by Act 10 of 1940, sec. 49 and Sch. II and again added by Act No. 46 of 1999, section 7 (w.e.f. 1-7-2002).

Sub Section (2)

Where a dispute had been referred-

 

(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act.

(b) to Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

(c) for judicial settlement, the court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

(d) for mediation, the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.

 

IN THE SUPREME COURT OF INDIA Reportable

CIVIL APPELLATE JURISDICTION

 

CIVIL APPEAL NO.6000 OF 2010

(Arising out of SLP (C) No.760 of 2007)

 

Afcons Infrastructure Ltd. & Anr.

 Vs.

Cherian Varkey Construction Co. (P) Ltd. & Ors.

 

J U D G M E N T

Link:https://www.lawyersclubindia.com/judiciary/Section-89-of-the-Code-of-Civil-Procedure-Code-for-short--1849.asp

 



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