Learned advocates for the parties placed reliance on the decision of the Apex Court in the case of Afcons Infrastructure Limited & Anr. v. Cherian Varkey Construction Company Private Limited & Ors. [(2010)8 SCC 24] on the issue of reference to Alternative Dispute Redressal Process provided under Section 89 and Order 10 Rule 1-A of the Civil Procedure Code, 1908, and submitted that considering the matrimonial dispute between the parties, which is subject matter of this petition filed under Articles 226 and 227 of the Constitution of India, this Court [Coram : Hon'ble Mr. Justice J.C.Upadhyaya] by an order dated 02.02.2012 referred this matter to Mediation Center of High Court to explore the possibility of settlement. It was also directed to list the matter after receipt of the report of the Mediation Center.
2. In view of the above, the matter was placed before the Meditation Center of this Court and the report submitted by the Co-ordinator, Organizing Committee, High Court Mediation Center, is produced on record, which is ordered to be taken on record and form part of this order.
3. It is submitted by learned advocates for the parties that the dispute between the parties is settled and accordingly Memorandum of Settlement was drawn, and the parties have signed the said Memorandum of Settlement before the learned Mediator on 20.04.2012. It is further submitted by learned advocates for the parties that in terms of the Memorandum of Settlement, this petition may be disposed of.
4. Having heard learned advocates for the parties and on perusal of the record, including the Memorandum of Settlement and report submitted by the Co-ordinator, Organizing Committee, High Court Mediation Center, and considering the law laid down by the Apex Court in the case of Afcons Infrastructure Limited [supra], I am inclined to dispose of this petition in terms of the Memorandum of Settlement drawn on 20.04.2012. The terms of the Memorandum of Settlement shall form part of the order and the parties are directed to abide by the terms of the said Memorandum of Settlement. In view of the terms of settlement, as above, prayers 7[A], [B] & [C] of the petition do not survive. However, it will be open for the parties to request the concerned court to take steps in terms of para 5 of the Memorandum of Settlement dated 20.04.2012, in such eventuality, the court concerned may consider such request and pass order in accordance with law.
Accordingly, this petition stands disposed of with no order as to costs.
[Anant S. Dave, J.] *pvv Top