School of Law

ALTERNATE DISPUTE RESOLUTION

(LAW 1076N)

ARBITRATION RECORD BOOK

SAIBAA GHAZALA

19213226, X Semester

BBA LL.B (Hons.)

2023-2024
 School of Law

ALTERNATIVE DISPUTE RESOLUTION

(LAW 1076)

SAIBAA GHAZALA
19213226

X Semester

Bachelors of Law
B.B.A. LL.B (Hons.)

2023-2024
 SCHOOL OF LAW
CHRIST (DEEMED TO BE UNIVERSITY) DELHI NCR

Clinical Course - Alternative Dispute Resolution (LAW1076)

DECLARATION

This record consists of Arbitration and Mediation-Negotiation exercises in Alternative Dispute

Resolution, submitted in partial fulfillment of the requirements of the said subject for the Tenth

Semester of the B.B.A. LL.B. (Hons.) Course, for the Academic year 2023-2024.

The exercises mentioned in the record book are all my original works and they are not copied

from any other sources.

Place: _____________________

Date: ______________________

Saibaa Ghazala

Mr. Namit Kumar Srivastava Dr. Fincy Pallissery

Faculty-in-charge Head of the Department
 INDEX

S. No. Particulars Page

1. Significance of ADR in India

2. Arbitration Memorial - Claimant

3. Mediation Settlement Agreement

(Marriage related family dispute)

4. Mediation Settlement Agreement

(Property related family dispute)

5. Bibliography
 SIGNIFICANCE OF ADR IN INDIA

I. INTRODUCTION TO ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolutions have been emerged as an alternative system to the traditional
Judicial system. It has been evident from the various Government reports that lots of cases are
pending before courts. Because of this reason, primary objective of court system, i.e. speedy
trial has been hampered. In order to reduce the burden of courts, Alternative Dispute Resolution
(ADR system) has been accepted in every developed nations and even developing nations also.
In this area, India isn’t an exception.

Alternate Dispute Resolution (ADR) includes varying means like Mediation, Arbitration, and
Conciliation to determine conflicts outside the prescribed court system.

II. IMPLICATIONS OF ADR MECHANISMS

In 2002, Section 89 of the Civil Procedure Code was personalized to integrate conciliation,
mediation, and pre-trial arrangement methodologies for timely and easy on the pocket
declaration of disputes1. The diverse mechanisms created in India are Gram Sabha, Nyaya
Panchayat, Lok Adalat, Family Court, Commission of Inquiry, Tribunals, Consumer Court,
Indian Legislation on ADR, etc.

The implications of ADR mechanisms:

 Trim down the workload on the courts specified that today about 3.4crore cases are in
the course of in Indian courts (National Judicial Data Grid data)2.
 Speedy clearance of cases thus appropriates justice by avoiding procedural delays
linked with the prescribed court system and thus fulfils primary right of the speedy trial
division of Article 21.
 Access to justice is enhanced as cost and time of court proceedings come down thus
obligation of providing free legal aid to deprived is met under 39A.
 Saves ordinary man from the intricate and unpleasant judicial procedure.

1
The Code of Civil Procedure, 1908, S. 89, No. 5, Acts of Parliament, India (1908).
2
Umang Yadav, Significance of Alternative Dispute Resolution in India, VIA MEDIATION AND ARBITRATION
CENTRE,[Link]
(last visited on April 21, 2024).
  ADR procedure offers discretion. Aid vital communal affairs for disputants particularly
in civil matters like divorce.

III. SIGNIFICANCE OF ADR MECHANISMS IN INDIA

India's judicial system often faces a massive backlog of cases, leading to delays in justice
delivery. ADR methods such as mediation, arbitration, and conciliation provide alternative
avenues for dispute resolution, thereby relieving the burden on the overburdened court system.
ADR methods are generally more cost-effective compared to traditional litigation.3 Legal
proceedings can be lengthy and expensive, involving high court fees, lawyer charges, and other
expenses. ADR mechanisms offer a more economical means of resolving disputes, making
justice accessible to a broader segment of the population. A key feature of ADR is its emphasis
on consensual solutions. Parties involved in a dispute have greater control over the resolution
process and the outcome.4 This fosters a spirit of cooperation and helps in maintaining
relationships, which is particularly crucial in commercial disputes where preserving business
relationships is often desirable.

The Indian legal system has recognized the importance of ADR and has enacted legislation to
promote its use. The Arbitration and Conciliation Act, 1996, provides a legal framework for
arbitration and conciliation in India, while the Commercial Courts Act, 2015, mandates pre-
institution mediation in commercial disputes. India's adoption of ADR mechanisms aligns with
global trends56. Many international commercial agreements include arbitration clauses, and
India's commitment to facilitating ADR enhances its reputation as a conducive destination for
international trade and investment.

Here are a few of the advantages that ADR offer in general:

 These processes are cost-effective, and the parties can decide the fee of the neutral
third party.
 These processes are less time-consuming, and the parties can settle their disputes
quickly and efficiently.

3
The Importance of ADR, EBC, [Link] (last visited on April 21, 2024).
4
Kishor Kunal, Importance of ADR in the Current Indian Scenario, SSRN (Dec. 6, 2011),
[Link]
5
The Arbitration and Conciliation Act, 1996, No. 26, Acts of Parliament, India (1996).
6
The Commercial Courts Act, 2015, No. 4, Acts of Parliament, India (2016).
  The parties have the autonomy to decide on the procedural aspects of the
mechanism and hence, it’s convenient.
 The parties get to interact with each other and hear their concerns directly from
them. This helps the parties in maintaining future business relations even if one of
the parties loses.
 The parties can keep the process confidential.
 The parties have an option to appoint experts on the subject matter for better
adjudication and settlement of disputes.
 Disputes solved through ADR would help the congestion in courts since it helps
avoid lengthy litigation.

Overall, the significance of ADR mechanisms in India lies in their ability to provide efficient,
cost-effective, and consensual means of resolving disputes, thereby contributing to the
efficiency of the justice system and fostering a conducive environment for economic growth
and development.7

IV. CONCLUSION
Desire for quick and affordable justice dispensation is universal. In present times, early
resolution of a dispute not only saves valuable time and money of the parties to the dispute but
also promotes the environment for enforcement of contract and ease of doing business. The
traditional mode of dispute resolution i.e. litigation is a lengthy process leading to unnecessary
delays in dispensation of justice as well as over-burdening the Judiciary. In such a scenario,
Alternative Dispute Resolution (ADR) mechanisms like arbitration, conciliation and mediation
etc. offer better and timely solution for resolution of a dispute. These ADR mechanisms are
less adversarial and are capable of providing an amicable outcome in comparison to
conventional methods of resolving disputes.

It is important that people must be made aware of such processes so that the burden on courts
is reduced and the dispute settlement rate is improved. It is pertinent to mention that almost all
kinds of disputes are capable of being resolved through ADR except criminal matters and
personal law

7
Importance of Arbitration System in Alternative Dispute Resolution in Contemporary India, INDIAN INSTITUTE
OF LEGAL STUDIES BLOG, [Link]
dispute-resolution-in-contemporary-india/ (Last visited April 22, 2024).
ARBITRATION
 MEMORIAL FOR CLAIMANT

IN THE MATTER OF AN ARBITRATION

CONDUCTED BEFORE THE ARBITRAL TRIBUNAL
BETWEEN:

M/S DAVID INFRASTRUCTURE LTD. …CLAIMANT

AND

MR. RAMESH …RESPONDENT

THROUGH SAIBAA GHAZALA

BBA LL.B (H), 19213226
 MEMORIAL ON BEHALF OF CLAIMANT

TABLE OF CONTENTS

Table of Abbreviations……………………………………………………………….....……03

Index of Authorities………………………………………………………………………….04

I. CASES……………………………………………………………………………….04
II. STATUTES…………………………………………………………………….........04

Statement of Jurisdiction……………………………………………………………………..05

Statement of Facts………………………………………………………………..…………..06

I. The Parties………………………………………………………………………..06
II. The Contract……………………………………………………………………...06
III. Invocation of arbitration clause and developer's claims………………………….06
IV. Buyer's response and counterclaim……………………………………...……….06
V. Dispute Resolution Mechanism……………………………………………….....06

Issues Raised……………………………………………………………………………..…..07

Arguments Advanced………………………………………………………………...………08

I. There exists a valid arbitration clause between the parties with regard to the matter
in dispute…………………………………………………………………………08
II. The buyer is not justified in refusing the remaining payment…………………...09
III. The developer is justified in not delivering the possession of the building……..10

Prayer…………………………………………………………………………………..…….11

Page 2
 MEMORIAL ON BEHALF OF CLAIMANT

TABLE OF ABBREVIATIONS

& AND
§ SECTION
AIR ALL INDIA REPORTER
Annx. ANNEXURE
Anr. ANOTHER
Art. ARTICLE
Cl. CLAUSE
Hon’ble HONOURABLE
Ors. OTHERS
SC SUPREME COURT
SCC SUPREME COURT CASES
v. VERSUS

Page 3
 MEMORIAL ON BEHALF OF CLAIMANT

INDEX OF AUTHORITIES

CASES

1. Babanrao Rajaram Pund vs M/S Samarth Builders and Developers, 2022 SCC OnLine
SC 1165.
2. Jagdish Chander v. Ramesh Chander. (2007) 5 SCC 719.
3. Magic Eye Developers Pvt. Ltd. v. M/s. Green Edge Infrastructure Pvt. Ltd. & Ors.,SLP
(C) Nos. 18339-42/2021.
4. Mahabir Prasad Rungta v. Durga Datt, AIR 1961 SC 990.

5. N.N. Global Mercantile Private Limited Vs. Indo Unique Flame Ltd. and Ors, 2023
SCC Online SC 495.
6. Shree Hanuman Cotton mills & ors. v. Tata Air-craft Ltd., 1970 AIR 1986.
7. Smt. Rukmanibai Gupta vs Collector Jabalpur and Ors, AIR 1981 SUPREME COURT
479.
8. Zhejiang Bonly Elevator Guide Rail Manufacture Co. Ltd. v. Jade Elevator
Components, (2018) 9 SCC 774.

STATUTES

1. The Arbitration and Conciliation Act, 1996.

2. The Indian Contract Act, 1872.
3. Halsbury Laws of England.

Page 4
 MEMORIAL ON BEHALF OF CLAIMANT

STATEMENT OF JURISDICTION
The Claimant has approached this Honourable Tribunal under §16(1) of the Arbitration and
Conciliation Act, 1996 read with Clause 5 of the Contract between the Appellant and the
Respondent.

Section 16(1) reads as under:

“16. Competence of arbitral tribunal to rule on its jurisdiction.—(1) The arbitral tribunal may
rule on its own jurisdiction, including ruling on any objections with respect to the existence or
validity of the arbitration agreement, and for that purpose,—

(a) an arbitration clause which forms part of a contract shall be treated as an

agreement independent of the other terms of the contract; and

(b) a decision by the arbitral tribunal that the contract is null and void shall not entail
ipso jure the invalidity of the arbitration clause.”

Clause 5 reads as under:

“5. DISPUTE RESOLUTION

In the event of any/all disputes or disagreements arising out of or relating to this

Agreement, the parties agree to attempt to resolve the dispute or disagreement through
good faith negotiations. If the parties are unable to resolve the dispute or disagreement
through such negotiations within three months from the initiation of such negotiations,
either party may submit the dispute to binding arbitration. The arbitration will be
conducted in New Delhi, India and will be governed by the laws of India.

The arbitration shall be conducted by a panel of 3 arbitrators appointed in accordance

with the rules (to be decided at the time of dispute). The decision of the arbitrators shall
be final and binding upon the parties and shall be enforceable in any court of competent
jurisdiction. The parties agree to keep confidential all aspects of the arbitration,
including the existence, content and result of any arbitration.”

Page 5
 MEMORIAL ON BEHALF OF CLAIMANT

STATEMENT OF FACTS

I. THE PARTIES
M/s David Infrastructure Ltd. [“The Developer”], and Mr. Ramesh [“The Buyer”]

II. THE CONTRACT

In a contractual agreement, Mr. Ramesh, the buyer, contracted M/s David
Infrastructure Ltd. to construct and deliver a residential building within two years,
with a payment of 2 crore INR. Due to a truck driver strike, completion stretched to
three years, culminating on April 23, 2024.

III. INVOCATION OF ARBITRATION CLAUSE AND DEVELOPER'S CLAIMS

The Developer, citing the arbitration clause, demands 2 crore INR from Mr. Ramesh
and seeks 1 crore INR in compensation for delayed payments.

IV. BUYER'S RESPONSE AND COUNTERCLAIM

Mr. Ramesh disputes the arbitration clause's validity, preferring resolution in a
jurisdictional court. He seeks the return of his 1 crore INR advance payment and
demands an additional 1 crore INR in damages for delays and substandard
construction materials.

V. DISPUTE RESOLUTION MECHANISM

The contract mandates initial good faith negotiations for dispute resolution. Failing
resolution, arbitration in New Delhi, India, under Indian law, is stipulated. The
arbitration panel, composed of three arbitrators, will issue a binding decision, with
proceedings kept confidential.

Page 6
 MEMORIAL ON BEHALF OF CLAIMANT

ISSUES TO BE DECIDED

ISSUE I

WHETHER A VALID ARBITRATION CLAUSE IS THERE BETWEEN THE PARTIES WITH

REGARD TO THE STATED MATTER IN DISPUTE?

ISSUE II

WHETHER THE BUYER IS JUSTIFIED IN REFUSING THE REMAINING PAYMENT AND

ALSO, WHETHER THEY ARE JUSTIFIED IN THEIR COUNTER-CLAIMS?

ISSUE III

WHETHER THE DEVELOPER IS JUSTIFIED IN NOT DELIVERING THE POSSESSION OF

THE BUILDING TO THE BUYER?

Page 7
 MEMORIAL ON BEHALF OF CLAIMANT

ARGUMENTS ADVANCED

I. THERE EXISTS A VALID ARBITRATION CLAUSE BETWEEN THE PARTIES

WITH REGARD TO THE MATTER IN DISPUTE

1.1. It is humbly submitted that a valid arbitration clause does exist between the parties. . It is
a settled proposition of law that the existence of a valid arbitration agreement under
Section 7 of the Act is sine-qua-non for a court to exercise its powers to appoint an
arbitrator/arbitral tribunal under Section 11 of the Act1.
1.2. As per Section 7(2), “An arbitration agreement may be in the form of an arbitration clause
in a contract or in the form of a separate agreement”2. The contract entered into by the
parties includes a dispute resolution clause which provides that in case any disputes or
disagreements arise concerning this Agreement, the parties commit to making a sincere
effort to resolve the matter through constructive negotiations.
1.3. If, despite these negotiations, the dispute remains unresolved within three months from
the commencement of discussions, either party is entitled to bring the matter to binding
arbitration, signifying the validity of the arbitration clause.3
1.4. Agreement between the parties giving an option to the parties to choose dispute resolution
by “arbitration” or “court”, can be considered as a valid arbitration agreement. 4 Both
parties agreed to resolve through negotiation and if unable to resolve the dispute, either
party may submit the dispute to binding arbitration. Arbitration agreement is not required
to be in any particular form.5 What is required to be ascertained is whether the parties have
agreed that if disputes arise between them in respect of the subject matter of contract such
dispute shall be referred to arbitration, then such an arrangement would spell out an
arbitration agreement.6
1.5. The Apex court laid down principles as to what constitutes an arbitration agreement: a)
Intention of parties to enter into an arbitration agreement, b) clause relating to settlement
of disputes, c) specific and direct intent to settlement of dispute by arbitration.7 In this case

1
The Arbitration and Conciliation Act, 1996, §11, No. 26, Acts of Parliament, India (1996).
2
The Arbitration and Conciliation Act, 1996, § 7 cl. 2, No. 26, Acts of Parliament, India (1996).
3
Proposition, Annexure - A, para 5.
4
Zhejiang Bonly Elevator Guide Rail Manufacture Co. Ltd. v. Jade Elevator Components, (2018) 9 SCC 774.
5
Smt. Rukmanibai Gupta vs Collector Jabalpur And Ors, AIR 1981 SUPREME COURT 479.
6
Babanrao Rajaram Pund vs M/S Samarth Builders And Developers, 2022 SCC OnLine SC 1165.
7
Jagdish Chander v. Ramesh Chander. (2007) 5 SCC 719.

Page 8
 MEMORIAL ON BEHALF OF CLAIMANT

the aforesaid essentials are met and to also constitute a valid agreement in terms of Section
7 of the Act, as the aforesaid elements are essentially available in the contract in question.
Thus it is further submitted that there exists a valid arbitration clause and respondent
should not be forced to approach the court to determine the validity of the clause, wasting
the precocious time of the court and the parties.
1.6. Moreover, there is no alternative provided in the agreement other than arbitration for the
purpose of resolution of the disputes. Even the governing law of the arbitration had been
agreed upon by the parties as the Arbitration and Conciliation Act, 1996, manifesting their
animus to be bound by the decision of the arbitrator.

CONCLUSION TO THE FIRST ISSUE: It is thus imperative upon the courts to give greater
emphasis to the substance of the clause, predicated upon the evident intent and objectives of
the parties to choose a specific form of dispute resolution to manage conflicts between them.
The intention of the parties that flows from the substance of the Agreement to resolve their
dispute by arbitration are to be given due weightage. It is crystal clear to us that Clause 5, in
this case, contemplates a binding reference to arbitration between the parties and it ought to
have been given full effect by the Tribunal.

II. THE BUYER IS NOT JUSTIFIED IN REFUSING THE REMAINING PAYMENT

2.1. It is humbly submitted that the Buyer is not justified in refusing the remaining payment
to the developer. That, it is accepted that as per the Contract for Construction,
Development and Delivery of the Residential Building between the parties, the Developer
agreed to deliver the possession of the said building within or on the date of completion of
2 years from the date of the Contract.8 However, due to unforeseen circumstances, the
Developer is rightly justified in being unable to deliver the residential building within
stipulated time.
2.2. That it is pleaded by the Developer that the Buyer was never ready and willing to
perform their part of the contract. The Buyer has committed breach of contract and that
the developer has been at all material times ready and willing to perform their part of
the contract.

8
Proposition, Annexure-A, para 1.2.

Page 9
 MEMORIAL ON BEHALF OF CLAIMANT

2.3. Regarding "deposit", the developer states that a deposit is not recoverable by the buyer,
for a deposit is a guarantee that the buyer shall perform his contract and is forfeited on his
failure to do so and if a contract distinguishes between the deposit and instalments of price
and the buyer is in default, the deposit is forfeited.
2.4. Halsbury, in "Laws of England", Vol. 34, III Edition, in paragraph 189 at p. 118, dealing
with deposit, states :
"Part of the price may be payable as a deposit. A part payment is to be distinguished
from a deposit or earnest. A deposit is paid primarily as security that the buyer, will duly
accept and pay for the goods, but, subject thereto, forms part of the price. Accordingly,
if the buyer is unable or unwilling to accept and pay for the goods, the seller may
repudiate the contract and retain the deposit."

III. THE DEVELOPER IS JUSTIFIED IN NOT DELIVERING THE POSSESSION OF

THE BUILDING

3.1. It is humbly submitted that the Developer is justified in not delivering the possession
of the building, owing to the contract between the parties. The buyer is bound to pay the
full value -less the deposit, before taking delivery of the building. In case of default by
the buyer, the developer is entitled to forfeit unconditionally the earnest money paid by
the buyer and cancel the contract.9
[Link] the Developer has always been ready and willing to perform their part of the
contract and that they, in fact, even after the Buyer repudiated the contract, called upon
him to pay the balance amount and take delivery of the residential building. But the
buyer persisted in their wilful refusal to perform their part and therefore the developer
had no alternative but to forfeit the possession of the building.

9
Shree Hanuman Cotton mills & ors. v. Tata Air-craft Ltd., 1970 AIR 1986.

Page 10
 MEMORIAL ON BEHALF OF CLAIMANT

PRAYER

In the light of the above submissions, the Developer M/s David Infrastructure Ltd. request the
tribunal to:

DECLARE that

I. A valid arbitration clause exists between the parties and the tribunal has jurisdiction
to hear the present dispute
II. The underlying contract be governed by Indian law

ADJUDGE that

I. The Buyer is not justified in refusing the remaining payment

II. The Developer is justified in not delivering the possession of the Building

Page 11
MEDIATION-NEGOTIATION
 Delhi High Court Mediation and Conciliation Centre
Delhi High Court, Sher Shah Road, New Delhi

Date: 20.03.2024

SETTLEMENT AGREEMENT

This Settlement Agreement is entered into on the 20th day of March, 2024.

BY AND BETWEEN:

1. Mr. Ramesh Singh, S/o Late Shri Talwinder Singh, R/o L-306, Sunshine Avenue,
New Ashok Nagar, Delhi - 110091 [hereinafter referred to as the ‘Plaintiff’].

AND

2. Mr. Suresh Singh, S/o Late Shri Talwinder Singh, R/o L-306, Sunshine Avenue,
New Ashok Nagar, Delhi - 110091 [hereinafter referred to as the ‘Defendant’].

The Plaintiff and Defendant are collectively referred to as ‘Parties’.

WHEREAS, the Plaintiff and Defendant are siblings and co-owners of a property located
at L-306, Sunshine Avenue, New Ashok Nagar, Delhi - 110091.

WHEREAS, the Defendant had filed a Civil Suit for Possession and Permanent
Injunction, bearing no. 1341/2022 titled as “Suresh Singh v. Ramesh Singh” against the
Plaintiff, which is pending adjudication in the Court of Sh. Lalit Uday, Ld. ADJ, East,
Karkardooma Court Complex, Delhi.
WHEREAS, the Plaintiffs have filed a Civil Suit bearing no. 434/2023, titled as “Ramesh
Singh v. Suresh Singh” for Declaration, Partition, Permanent Injunction of shared
property against the Defendant and the same is pending adjudication before the Hon’ble
Court of Sh. Praveen Kumar, ADJ-05, Main Building, Patiala House Courts Complex,
New-Delhi.

WHEREAS, Late Sh. Talwinder Singh passed away in the year 2020 and his wife Late
Smt. Dalbeer Kaur passed away in the year 2021, leaving behind two Class-I Legal heirs,
i.e, the Plaintiff and the Defendant.

WHEREAS, the property in dispute was purchased in the joint names of Late Shri
Talwinder Singh and his wife Late Smt. Dalbeer Kaur in the year 1998.

WHEREAS, serious disputes and differences have arisen between the Parties regarding
the ownership and partition of the said property, which has disrupted family harmony.

WHEREAS, the Parties desire to amicably resolve their disputes and restore peace within
the family.

AND WHEREAS, the object of resolving the aforesaid disputes is to bring back family
peace and harmony and it has been agreed that the Parties shall bind themselves with the
terms and conditions of the present Settlement Agreement.

WHEREAS, the matter bearing no. 434/2023, titled as “Ramesh Singh v. Suresh Singh”
was referred to Samadhan (Delhi High Court Mediation and Conciliation Centre) vide
order dated 02.20.2024 passed by the Hon’ble Court of Sh. Praveen Kumar, ADJ-05, Main
Building, Patiala House Courts Complex, New-Delhi.
AND WHEREAS the Parties agreed that Mr. Alok Kashyap, Advocate would act as their
Mediator in the Mediation proceedings;

AND WHEREAS various mediation sessions were held with the parties and their
respective counsels physically and the parties have, with the assistance of the Mediator,
and their respective counsels voluntarily arrived at an amicable solution resolving the
above-mentioned disputes and differences.

The Parties hereto confirm and declare that they have voluntarily and of their own free will
arrived at this Settlement Agreement in the presence of the Mediator and their respective
counsel;

The following settlement has been arrived at between the Parties hereto:

1. The Parties agree that the property located at L-306, Sunshine Avenue, New Ashok
Nagar, Delhi - 110091, shall be co-owned by both the Plaintiff and the Defendant
in equal shares.

2. The Parties agree to cooperate with each other for the maintenance and upkeep of
the said property, including sharing expenses such as property taxes, maintenance
costs, and repairs equally.

3. The Defendant agrees to vacate the said property within 30 days from the date of
execution of this Settlement Agreement and to relinquish all rights of possession to
the Plaintiff. The Plaintiff shall have exclusive possession and use of the said
property thereafter.

4. The Defendant agrees to pay a settlement amount of Rs. 10,00,000 (Rupees Ten
Lakhs only) to the Plaintiff as compensation for any inconvenience caused and to
 equalize the division of assets. The settlement amount shall be paid by the
Defendant to the Plaintiff within 60 days from the date of execution of this
Settlement Agreement.

5. The Parties undertake to withdraw all pending legal proceedings against each other,
including Suits for Declaration, Partition, and Permanent Injunction of shared
property, pending before the Karkardooma Court and Patiala House Court,
respectively.

6. The Parties shall not initiate any further legal proceedings against each other
concerning the said property or any other matter related to their familial relations.

7. The Parties further agree that any non-compliance of their respective undertakings
arising in the present Settlement Agreement, shall amount to the contempt of
Hon’ble Court. The parties undertake to do all acts necessary for complying with
the terms and condition of the present Settlement Agreement.

8. The Parties agree to maintain the confidentiality of the terms of this Settlement
Agreement and shall not disclose any details thereof to any third party, except as
required by law.

9. The Parties acknowledge that this Settlement Agreement constitutes a full and final
settlement of all their disputes and claims arising out of or in connection with the
said property.

10. The Parties have entered upon and signed the present Settlement Agreement, out of
their free-will, without coercion and without any undue influence. The Parties have
been made to understand the contents of the present Settlement Agreement in their
vernacular language and they admit the same to be true and correct.
 11. The Parties agree that they shall appear before the Hon’ble Court during virtual
hearing or otherwise to make their statements in terms of the present Settlement
Agreement.

12. The Hon’ble Court of ADJ, Karkardooma Court Complex and Patiala House Courts
Complex may pass appropriate orders in view of this Settlement Agreement
including refund of court fee under section 16 of the Court Fees Act, 1870.

In witness whereof, the parties to Settlement Agreement have signed the same or on the
20th March, 2024 mentioned hereinabove in the presence of following witnesses

PARTIES SIGNATURES

___________
(Plaintiff)

____________
(Defendant)

WITNESSES:
1.

2.
COUNSELS SIGNATURES

___________________
(Counsel for the Plaintiff)

___________________
(Counsel for the Defendant)

_____________
Mediator
Adv. Alok Kashyap
Samadhan (Delhi High Court Mediation and
Conciliation Centre), New Delhi
 Delhi High Court Mediation and Conciliation Centre
Delhi High Court, Sher Shah Road, New Delhi

Date: 22.04.2024

SETTLEMENT AGREEMENT

This Settlement Agreement is entered into on the 22nd day of April, 2024.

BY AND BETWEEN:

1. Mr. Rajesh Sharma, S/o Shri Jaswant Sharma, R/o M-1006, Lotus Apartments,
Mayur Vihar Phase 1, Delhi - 110091 [hereinafter referred to as the ‘Plaintiff’].

AND

2. Mrs. Priya Sharma, W/o Mr. Rajesh Sharma, R/o S-105, Supreme Enclave, Mayur
Vihar Phase 1, Delhi - 110091[hereinafter referred to as the ‘Defendant’].

The Plaintiff and Defendant are collectively referred to as ‘Parties’.

WHEREAS, the marriage of the Parties was solemnized on 18.11.2018 and due to
irreconcilable differences, they have been living separately since 06.06.2022.

WHEREAS, the Parties have been blessed with one baby boy, namely, Ayushman
Sharma, aged 5 years old, who is currently residing with the Defendant.
WHEREAS, the Parties have filed various legal proceedings against each other, which are
pending adjudication before the Family Courts of Karkardooma, East Delhi; the details of
which are here as under:-
A. An Application Under Section 12 of D.V. Act vide Complaint No. 163/2022 titled
as “Priya Sharma v. Rajesh Sharma & Ors.” pending before the court of Ms. Riya
Mathew, Ld. M.M. (Mahila Court), District East, Karkardooma Courts, Delhi filed
by the Defendant against the Plaintiff and his family members.
B. A Divorce Petition U/s. 13(1)(ia) of the Hindu Marriage Act, 1955 titled as
“Rajesh Sharma v. Priya Sharma”, pending before the Hon’ble Court of Sh.
Sanjeev Jain, Principal Judge, Family Court, Karkardooma Court Complex, District
East, Delhi filed by the Plaintiff against the Defendant.
C. An Application for maintenance U/s 125 Cr.P.C. titled as “Priya Sharma v.
Rajesh Sharma & Ors.” pending before the court of Ms. Riya Mathew, Ld. M.M.
(Mahila Court), District East, Karkardooma Courts, Delhi filed by the Defendant
against the Plaintiff.

AND WHEREAS, the object of resolving the aforesaid disputes is to bring back peace and
harmony and it has been agreed that the Parties shall bind themselves with the terms and
conditions of the present Settlement Agreement.

WHEREAS, the matter bearing no. 1347/2023 was referred to Samadhan (Delhi High
Court Mediation and Conciliation Centre) vide order dated 24.12.2023 passed by the
Hon’ble Court of Sh. Sanjeev Jain, Principal Judge, Family Court, Karkardooma.

AND WHEREAS the Parties agreed that Mr. Samarth Jain, Advocate would act as their
Mediator in the Mediation proceedings;

AND WHEREAS various mediation sessions were held with the parties and their
respective counsels physically and the parties have, with the assistance of the Mediator,
and their respective counsels voluntarily arrived at an amicable solution resolving the
above-mentioned disputes and differences.

The Parties hereto confirm and declare that they have voluntarily and of their own free will
arrived at this Settlement Agreement in the presence of the Mediator and their respective
counsel;

The following settlement has been arrived at between the Parties hereto:

1. The Parties agree to joint legal custody of their child, namely, Ayushman Sharma,
with primary physical custody awarded to the Wife.

2. It is agreed between the parties that the Plaintiff shall have visitation rights as
follows: every alternate weekend from Friday evening to Sunday evening, and one
mid-week visit.

3. It is agreed between the parties that both the parties shall withdraw their respective
Cases and Applications before the concerned courts.

4. The Plaintiff agrees to pay maintenance to the Child in the amount of Rs. 25,000
per month, commencing from the 01st day of May, 2024. The Parties agree that the
maintenance amount may be subject to review every two (02) years, based on the
prevailing circumstances.

5. The Parties have mutually agreed to the division of their matrimonial property as
follows:
A. The matrimonial home located at Lotus Apartments, Mayur Vihar Phase 1,
Delhi - 110091 shall be awarded to the Defendant, and the Plaintiff shall
relinquish all rights, title, and interest therein.
 B. The Husband shall retain ownership of the vehicle registered under
DL7CQ7878 and shall be solely responsible for all associated expenses.
C. The Parties shall equally divide all other movable and immovable properties,
including bank accounts, investments, and household items, in an amicable
manner.

6. The Parties undertake to withdraw all pending legal proceedings against each other,
including, Divorce Petition, Maintenance Application, and Application under
Domestic Violence Act, pending before the Principal Judge, Karkardooma and
Family Court of Karkardooma, respectively.

7. The Parties further agree not to initiate any further legal proceedings against each
other related to their marriage or family matters.

8. The Parties further agree that any non-compliance of their respective undertakings
arising in the present Settlement Agreement, shall amount to the contempt of
Hon’ble Court. The parties undertake to do all acts necessary for complying with
the terms and condition of the present Settlement Agreement.

9. The Parties shall maintain open and respectful communication with each other
regarding matters concerning their children's upbringing, education, health, and
well-being. The Parties shall mutually decide on major decisions affecting the
children's lives, including but not limited to, education, healthcare, and
extracurricular activities.

10. The Parties agree to maintain the confidentiality of the terms of this Settlement
Agreement and shall not disclose any details thereof to any third party, except as
required by law.
 11. The Parties acknowledge that this Settlement Agreement constitutes a full and final
settlement of all their disputes and claims arising out of or in connection with their
marriage or family matters.

12. The Parties have entered upon and signed the present Settlement Agreement, out of
their free-will, without coercion and without any undue influence. The Parties have
been made to understand the contents of the present Settlement Agreement in their
vernacular language and they admit the same to be true and correct.

13. The Parties agree that they shall appear before the Hon’ble Court during virtual
hearing or otherwise to make their statements in terms of the present Settlement
Agreement.

14. The Hon’ble Court of Principle Judge and M.M. (Mahila Court), District East,
Karkardooma Courts, may pass appropriate orders in view of this Settlement
Agreement including refund of court fee under section 16 of the Court Fees Act,
1870.

In witness whereof, the parties to Settlement Agreement have signed the same on the 22nd
April, 2024 mentioned hereinabove in the presence of following witnesses

PARTIES SIGNATURES

___________
(Plaintiff)

____________
(Defendant)
WITNESSES:
1.

2.

COUNSELS SIGNATURES

___________________
(Counsel for the Plaintiff)

___________________
(Counsel for the Defendant)

_____________
Mediator
Adv. Samarth Jain
Samadhan (Delhi High Court Mediation and
Conciliation Centre), New Delhi
 BIBLIOGRAPHY

Cases
1. Babanrao Rajaram Pund vs M/S Samarth Builders and Developers, 2022 SCC OnLine
SC 1165.
2. Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719.
3. Magic Eye Developers Pvt. Ltd. v. M/s. Green Edge Infrastructure Pvt. Ltd. & Ors.,SLP
(C) Nos. 18339-42/2021.
4. Mahabir Prasad Rungta v. Durga Datt, AIR 1961 SC 990.
5. N.N. Global Mercantile Private Limited Vs. Indo Unique Flame Ltd. and Ors, 2023
SCC Online SC 495.
6. Shree Hanuman Cotton mills & ors. v. Tata Air-craft Ltd., 1970 AIR 1986.
7. Smt. Rukmanibai Gupta vs Collector Jabalpur and Ors, AIR 1981 SUPREME COURT
479.
8. Zhejiang Bonly Elevator Guide Rail Manufacture Co. Ltd. v. Jade Elevator
Components, (2018) 9 SCC 774.

Legislations

1. The Code of Civil Procedure, 1908.

2. The Arbitration and Conciliation Act, 1996
3. The Legal Services Authorities Act, 1987
4. The Code of Criminal Procedure, 1973
5. The Indian Contract Act, 1872
6. The Commercial Courts Act, 2015
7. Halsbury Laws of England
Articles/Websites

1. Umang Yadav, Significance of Alternative Dispute Resolution in India, Via Mediation

And Arbitration Centre,[Link]
of-Alternative-Dispute-Resolution-in-India (last visited on April 21, 2024).
2. The Importance of ADR, EBC, [Link] (last visited on
April 21, 2024).

3. Importance of Arbitration System in Alternative Dispute Resolution in Contemporary

India, INDIAN INSTITUTE OF LEGAL STUDIES BLOG,
[Link]
dispute-resolution-in-contemporary-india/ (Last visited April 22, 2024).
4. Vijay Pal Dalmia, Law of Arbitration in India and Alternative Dispute Resolution,
October 2023, available at [Link]
f8c1-4d5a-ae87-936d0ca6de8b.

Books

1. Avtar Singh, Law of Arbitration and Conciliation, sixth edition, Eastern Book
Company, Lucknow, 2002, p. 329.

Research Papers

1. Kishor Kunal, Importance of ADR in the Current Indian Scenario, SSRN (Dec. 6,
2011), [Link]