Sonal Palit vs Ayan Dasgupta
2023 Latest Caselaw 14835 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No. 108 of 2022


            Sonal Palit                               ....           Appellant


                                                      Mr. A. Sikdar, Advocate
                                       -versus-

            Ayan Dasgupta                             ....         Respondent

                                                 Mr. A. Mishra, Advocate
                                               Ms. Sheetal Dash, Advocate


                      CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA
                                       ORDER

Order No.                             16.11.2023
    05.     1.      Mr. Mishra, learned advocate appears on behalf of respondent-

husband and Mr. Sikdar, learned advocate for appellant-wife.

2. Submission at the Bar is that disputes and differences may be

resolved. Parties be sent for mediation.

3. On query from Court regarding paragraph-3 in our order dated

13th October, 2023, learned advocates for the parties reiterate their

submission that settlement is possible.

4. Section 59 in Mediation Act, 2023 has amended Code of Civil

Procedure, 1908 as specified in fourth schedule of the Act. It appears

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to Court that the dispute between the parties may be settled and there

exists elements of settlement as may be acceptable to them. For the

purpose, parties are referred to mediation of the Court annexed

Mediation Centre. They are directed to approach the centre for

commencement of mediation proceeding in terms of the Act.

5. On our observation that the appeal, therefore, should be

disposed of Mr. Sikdar submits, it be kept pending. Mr. Mishra

opposes the prayer. On query from Court he submits, in event

mediation is successful the order passed in mediation would be a

mediated settlement agreement enforceable in accordance with

provisions in the Code of Civil Procedure, 1908, in the same manner

as if it were a judgment or decree passed by a Court.

6. Section 89 in Code of Civil Procedure stands substituted by the

Act and the substituted section omits clause (d) under section 89(1) as

stood before. Section 7 provides that notwithstanding the non-

settlement of dispute under sub-section (1) of section 5, inter alia, the

Court may at any stage of the proceeding refer the parties to undertake

mediation. Section 5 provides for pre-litigation mediation. Hence,

section 7 is not applicable to mediation referred by the Court in a

matrimonial appeal. Section 20 provides for registration of mediated

settlement agreement, which excepts out, inter alia, Court referred

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mediation. We have not been shown there is any provision for

registration of mediated settlement agreement on a mediation referred

by Court otherwise than under section 7. However, section 27 does not

require enforcement to only be on a registered mediated settlement

agreement. Furthermore, we have not been shown nor have been able

to find provision for contingency of failure of mediation on reference

by Court other than under section 7. As such, we must keep the appeal

pending and direct continuance of the interim order till next date of

hearing.

7. List on 15th January, 2024 for parties to inform Court on

mediation settlement arrived at between them, duly signed or failure of

mediation, for adjudication of the appeal.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Sks

Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 16-Nov-2023 18:33:39