Alternative Dispute Resolution Record, Assignments of Law

Download Alternative Dispute Resolution Record and more Assignments Law in PDF only on Docsity! LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam PADALA RAMA REDDI LAW COLLEGE YELLAREDDYGUDA, HYDERABAD Record on “ALTERNATIVE DISPUTE RESOLUTION” PAPER IV, SEMESTER V LLB 3/3 YDC ACADEMIC YEAR 2020-21 SUBMITTED BY, NAME : A. Mallikarjun HALL TICKET No. : 1726-18-831-094 ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam PADALA RAMA REDDI LAW COLLEGE YELLAREDDYGUDA, HYDERABAD RECORD ON ALTERNATIVE DISPUTE RESOLUTION ACADEMIC YEAR 2020 52021 LL.B 3/3 YDC, V SEMESTER SUBMITTED BY, NAME : A. Mallikarjun HALINTICKET NO : 1726-18-831-094 DATE ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V Padala Rama Reddi Law College ADR Record (Paper IV} 7. V. Ramani Madam INDEX SI. No. Topic Page No. 1 Introduction 1-2 2 Simulation on Negotiation 3-7 3 Simulation on Mediation 8-12 4 Simulation on Mediation 13,48 5 Simulation on Conciliation 1924 6 Simulation on Arbitration 25 - 32 7 Lok Adalat 33 - 34 8 Family Courts 1984 35 © A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam INTRODUCTION Alternative Dispute Resolution is one of the methods of solving disputes between the parties and to put an end to litigations pending before the courts which are compoundable in nature. Scope of Alternative Dispute Resolution: Indian judicial system is an overburdened system which has a bunch of cases already pending; to reduce this burden the system also has an Alternative Dispute Resolution, this is nothing but a piece of alternate machinery to resolve issues through an unconventional platform. Need for ADR: On account of arrears of pending cases and experience litigations compel to search for alternative means. The present days crumbling administration of justice is also a factor which makes alternative dispute resolution acceptable. One of the primary reasons parties may prefer ADR’ proceedings is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other's positions. ADRyalso allows the parties to come up with more creative solutions that a court mayghot be legally allowed to impose. Alternative disputes resolution is generallyclassified into at least four modes — e Negotiation © Mediation ¢ Conciliation ¢ Arbitration. Importance of ADR — ¢ To deal with thé Situation of pendency of cases in courts of India, ADR plays a significant role inidia by its diverse techniques. e Alternative \Dispute Resolution mechanism provides scientifically developed techniques toyindian Judiciary which helps in reducing the burden on the courts. e ADR's motive is to provide socio-economic and political justice and maintain integritypin the society enshrined in the preamble. e It is method which enables individuals and group to maintain co-operation, social order and provides opportunity to reduce hostility. Advantages of ADR — e ADR provides more expeditious and less expensive settlement of disputes. e ADR concept reduces the workload of regular courts of law. e ADR process can be initiated at any time whenever disputing party takes recourse to ADR. e ADR is based on direct participation by the parties who are disputing. e ADR reserves the freedom of the parties to withdraw from the proceedings. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam e ADR can be used to reduce the gravity of contentious issues between the parties and brings both the parties to terms without damaging their good relation. e ADR maintains the confidentiality and confine the dispute as a private matter. e ADR is supported by the Legal Services Authority in providing free legal aid to the poor indigent people. e ADR programs are not rigid and very flexible and independent system free from statutory or custom-ridden procedural law. e ADR procedures address problems of discrimination and bias. e ADR promotes conducive and amicable mechanism. ¢ Court fee is returned when a pending case is resolved by resorting to Sectioms9 of Code of Civil Procedure. e Finally ADR promotes wisdom among the international business fraternity encouraging international trade and commerce to expand without barriers. ADR in the backdrop of Covid-19: A whole spectrum of our society has been affected by Covid-19 in one way or another. At this point in time however, the ADR landscape has not been too badly mauled. While our mode of operation has significantly changed, conducting remote and hybrid hearings instead of in-person hearings, ‘the*¢ases and the scope of work have not in fact changed much. Although there has been a drop in hearings over the last few months, the cases cannot be postponed infinitely as businesses have to continue their operations and disputes have to be resolved regardlessjef the current situation. So virtual and hybrid hearings will stay and endure even when the travel restrictions and safe distancing were imposed. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam SIMULATION EXERCISE IN NEGOTIATION BETWEEN: Mr Ram ects Claimant And Mr. Karthik a eeeeee entre Respondent FACTS OF THE CASE: — Ram (Claimant) applied sudden break near a signal while driving fast his new Honda Car and a car immediately behind Claimant's car, loses control while trying to control/stop and hits Claimant's car. — The car which hits the Claimant's car from behind was drivéf by Mr. Karthik (Respondent), who is being a middle aged person. — Claimant's car was damaged resulting in small dent, broken bumper and broken tail lamp. — The Claimant argued that it was Respondent's fault and threatened to file a case against him. — The Respondent denied the allegations and\instéad blamed the Claimant for applying sudden break, due to which the front paft of his car got damaged. — Both the Claimant and Respondent started blaming each other for the accident. — As the impasse continued, they decided to sort out the issue through a formal negotiation. — Accordingly, they exchanged their contact numbers and decided to meet again on the following day between 6.00 pm and 7.00 pm at the tea shop nearby. NEGOTIATION PROCEEDINGS: ISSUES AND DEMANDS FROM CLAIMANT: — Claimant explained that Respondent's inability to maintain the safe distance with the.vehicle in front of his vehicle and inability to control his vehicle was the main reason behind the accident. < Claimant described that he felt like, will pass though the signal, but suddenly felt’ something inevitable and applied sudden break but was able to control the speed of his vehicle. — He justified the sudden application of breaks to the exigent situation, as otherwise felt that he would have hit the pedestrian. Hence, the Respondent could have avoided the accident if his car speed was under control and have maintained proper distance from the vehicle in front. — Claimant demands repairs for the damages from the Respondent for dents, broken bumper and broken tail lamp. He therefore demanded that Mr. Karthik meets all these expenses, on actual cost basis otherwise he will be left with no option but to file a police complaint. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam ISSUES AND DEMANDS FROM RESPONDENT: — The Respondent contended that he was not at fault in causing the accident, and but due to sudden stoppage of the car in his front by the Claimant. — Even the signal was on and traffic was on the slow move, the Claimant was in over speed. — Respondent contended that his car was also got damaged and it would cost him a heavy amount for repairing his car, which he cannot afford to meet fullys — Respondent demands from Claimant to get his car repaired and therefore, Claimant is required to compensate him. — Respondent was unrelenting and stated that if his fault was proved he is prepared to meet the expenses incurred by the Claimant. But since’he is sure that the fault is not on his side, as a matter of principle, he is*fot willing to consider payment of any compensation to the Claimant. TERMS AND CONDITIONS OF SETTLEMENT BY CLAIMANT: — The Claimant partly accepted his liability that he was"0n jcertain speed and thought that he would pass through the signal but was able to control his car and applied breaks when signal was about toyget red. — He also accepted the settlement idea given by the Respondent to claim insurance and de-escalate the issue. The Claimant understood the logic of claiming from the Insurance Company. As the Respondent being middle aged person, Mr. Ram understands the situation of the Respondent and, at last asks him to pay only the half of the shortfall between the actual expefises and the insurance claim amount if any is to be met by the Respendent} as his car is new one and received more damage when compared,to"that of the Respondent. J J TERMS AND CONDITIONS OF SETTLEMENT BY RESPONDENT: — The Respondent said that he has also suffered loss and it should be fortunate enough for théGlaimant, not to ask for any damages from him. — The Respondent doesn’t want to escalate the issue any further and suggested to claim insurance and end the matter here. — df the normal course he would have demanded the Claimant to get his car repaired. But since his car also is comprehensively insured, he would get it repaired on his own through the insurance claim, and meet the shortfall if any on his own. => Respondent said that the very fact that he is not making any counter claim on the Claimant itself is to be treated as a favor shown to the Claimant from his side and agreed to pay half the amount of the expenses incur if any after the insurance claim by the Claimant. Both the parties have come to compromise and decided to negotiate the matter between themselves and made a settlement agreement and will be bound by that agreement. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam NEGOTIATION SETTLEMENT AGREEMENT (i) In the process of negotiation, Mr. Ram (Claimant) has agreed to claim the insurance as suggested by Mr. Kartik (Respondent) and not to proceed with the police complaint or any case and Mr.Karthik has agreed to accept the same and to pay for the half of the shortfall of the damages, if any after the insurance claim by the Claimant. (ii) Both the parties will start the process of making claims on the respective Insurance Companies. (ii) Both the parties have agreed to end the matter here and the issue Stands closed. Dated: 09-11-2020 ‘Sd/- [Parties] Rame---------+--- (Claimant) Karthik--------- (Respondent) ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam SIMULATION EXERCISE IN MEDIATION: BETWEEN ANILKUMAR es eeee tenes Petitioner AND ANJALL he eeeette et tete ees Respondent FACTS OF THE CASE: — Petitioner (Anil Kumar) and Respondent (Anjali) of 48 years andy42 years of age got married. It has been 22 years of their marriage. The couple has 2 sons — Elder one being 21 years andthe younger one being 16 years of age. — After marriage, Anjali lived with her husband’s family with*her parent-in-laws, and 2 unmarried brothers-in-law and 1 sister-in-law. — Anil Kumar is working in a private company and he will not get any pension after his retirement. Anil Kumar had spent most of his earnings towards the joint family. Meanwhile, Anjali joined a job in her\friends (Malathi’s) interior designing office, as she is in need of moneyafor her children’s higher education and better future. — Anjali being successful with her office work, her salary was increased and she was assigned with more responsibilities. — With the additional responsibilities in the office made Anjali to stay for long hours in the office. — Then, slowly issuesstarted developing between the couple resulting in fights often, as Anjali c6uld not spend much time at home. — They wanted to get separated and Anil filed a divorce petition against Anjali in a family court and the matter has been referred to the mediation. J J J J MEDIATION PROCEEDINGS OPENING STATEMENT BY MEDIATOR } My name is Mallikarjun and | am going to serve as your mediator. — | ama certified mediator. | have been practicing in this area of family disputes for quite some time. — | am well trained to assist in resolving disputes such as the one before me today. — You both feel free to speak with me as | am much experienced in this area as a mediator and | have solved so many disputes regarding family matters with a success rate of more than 90%. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -10- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam — Mediation is a confidential process where the terms of discussing are not disclosed to any other party outside the mediator hearing and it is a negotiated settlement between the parties in the presence of the mediator. — Regarding the petition filed by Mr. Anil Kumar, we will have a joint session first and then have an individual session where you can tell me your problems separately and where | will help to solve your issues and problem basing on the circumstances. — There is no coercion or force on you to agree with the final terms¢and conditions of the agreement. — Unless you both sign the settlement agreement, it is not going to be binding on you. — | am pleased to have to assist you in working through your issues and believe, you will find mediation to be very helpful process. ISSUES AND DEMANDS FROM PETITIONER — The Petitioner wanted to divorce from his wife (Respondent). — His wife joined a new job and spending more jhours,at office. — He complains that she is not spending much time at home and whenever he takes a discussion with her regarding this, shealways have a fight with him. — The Petitioner also says that she is not concentrating on the family and deviating from the family responsibilities. — He wants her to take care of his old parents as there is no one to take care of them at home. — The Petitioner wants her to resign the job and take care of the family. ISSUES AND DEMANDS, FROM RESPONDENT — The Respondentdoes.not want divorce. — She says that she has been always very supportive to her husband who is the elder son of the family, in every matter right from the education till the marriages of her sibling-in-laws. — She‘complains that her husband's salary will not meet their family requiréments and for their children’s higher education. z> She says that, being an interior designing graduate, she joined a job in her friend's office to meet the expenses of her children’s higher education and to meet the family needs in future. — As she was very successful and got appreciation in the office, for which her salary increased and has been allotted with more responsibilities for which she need to spend more hours at the office. — She complains that instead of getting sympathy and support from her husband, he was unhappy and not comfortable with her job and wanted her to quit the job. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -11- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam — Respondent wants her brother-in-laws to share the responsibilities of the family and give their support towards the family as her husband has spent his most of the earnings on their education and marriages. — She wants her brother-in-laws to take up the responsibilities of the parents so that they can get a break. — She wants a little support from the family also so that she can balance the things. Mediator will assist the parties in reaching a final mediation settlement agreement JOINT SESSIONS WITH THE PARTIES — Both the parties along with mediator sat in a room. — Both the parties have told their issues and demands to be fulfilled against each other. — Parties agreed to mediator’s suggestion and got ready#to"imake a settlement agreement. STEPS TAKEN BY MEDIATOR TO SOLVE PROBLEM. — Mediator tried to convince both the parties byxexplaining the circumstances they both have to face if divorce is taken keeping in view of their children’s future and advised them not to have any egos clashing and spoiling the future of their children. — Mediator explained them, separating at this stage will be more challenging to them and to their childrentas wells — Taking into consideratiofethe issues and demands of the parties, he tried to bridge the gap between the,parties. — Mediator understood the problem from the perspective of both the parties. From husband side, to take care of his old age parents as the burden is shifting on¢him from his wife doing the job and from wife’s point of view that, for the betterfuture of their children and future comforts, as her husband’s salary is ‘not'going to meet their family needs. — Mediator advised Mrs. Anjali to balance both, her job and as well as her family responsibilities and at the same time advised Mr. Anil Kumar to understand her and be supportive to her. — | (mediator) spoke to the parties and came to a solution which is mutually agreeable to both the parties. — Respondent and Petitioner, both of them calm down by putting forward their demands to be fulfilled to compromise. — Both the parties have come to compromise, mainly taking up their children’s future and old age parents of husband into consideration. — The mediator will not reveal the names of the parties (or) anything discussed in mediation process. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -12- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam SIMULATION EXERCISE IN MEDIATION: BETWEEN Mr Ravi eect eee Petitioner AND Mrs. Gita ee ceeeee teeters Respondent FACTS OF THE CASE: — Gita and Ravi worked together in the same IT Company. They knew each other since college days and got married against the will of their family members. — Gita was promoted as team leader for her efficiency. Ravi was alsoja part of that team and has to report to her regarding the work. — Gita being stringent and diligent towards work, was littlesharsh on Ravi on few occasions which created stress and tension between them: — Gita given birth to a baby, and after her maternity teaveésshe wanted to join back her job. — Ravi did not want Gita to continue with her job and want her to stay at home and take care of baby. Gita was distressed and continued her job by residing with her parents. None of them tried to overcome the differences between them and after a year, Ravi filed divorce petitiongon the grounds of desertion in the family court. — This decision of Ravi was a >big blow to Gita, who did not, expected the divorce petition filed by hét husband at the family court. J J MEDIATION PROCEEDINGS OPENING STATEMENT BY MEDIATOR — My naniéis Mallikarjun and | am going to serve as your mediator. — | ama ceftified mediator. | have been practicing in this area of family disputes for quite some time. — | am well trained to assist in resolving disputes such as the one before me today. —\ You both feel free to speak with me as | am much experienced in this area as a mediator and | have solved so many disputes regarding family matters with a success rate of more than 90%. — Regarding the petition filed by Mr. Ravi, we will have a joint session first and then have an individual session where you can tell me your problems separately and where | will help to solve your issues and problem basing on the circumstances. — There is no coercion or force on you to agree with the final terms and conditions of the agreement. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -15- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam — Unless you both sign the settlement agreement, it is not going to be binding on you. — | am pleased to have to assist you in working through your issues and believe, you will find mediation to be very helpful process. ISSUES AND DEMANDS FROM PETITIONER — Petitioner claimed that the Respondent was very stringent and harsh towards, him in the work place. — He also contended that the Respondent, being his reporting manager was rude at time in front of office staff which created an awkward environment, but still he continued working hard. — He stated that he was in shock and surprised when his wife left’ him alone and continued her work by residing with her parents. — Petitioner accused his wife of desertion, in which he stated\that his wife never tried to contact or personally communicated himxto™solve the problems between them. — Though they knew each other from college days and got married against the will of their parents, Petitioner claimed(that he was helpless and, therefore filed a divorce petition under section/18 of hindu Marriage Act, at the family court in Hyderabad. ISSUES AND DEMANDS FROM RESPONDENT — Respondent blamed_Petitioner for his irresponsive and delay attitude in work place which annoyéd her during office work. — Respondent alsoistatedsthat, as she being team lead, it was her responsibility to perform the duty‘on time and report to higher authority. — The Respondent countered to the accusation of the petitioner that the divorce notice sent by her husband was indeed a big surprise to her. — Respondent also claimed that she was distressed from petitioner's attitude for not‘keingysupportive to work after giving birth to a baby. — She reVealed that she did not want to quit her job as she has just begun to scale heights in her profession and she enjoys the tasks assigned to her. —\She blamed petitioner for being adamant and also blamed him that he did not contacted her for over a year. DOCUMENTS FILED BY THE PARTIES e Marriage Certificate ¢ Notice issued by the Petitioner e Reply issued by the Respondent ¢ Identity proof of the Petitioner ¢ Identity proof of the Respondent ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -16- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam e Reference letter issued by the family court for mediation Mediator will assist the parties in reaching a final mediation settlement agreement. JOINT SESSIONS WITH THE PARTIES — After conducting several individual sessions with both the parties. The mediator called the parties for a joint session to reconcile the matter. — Mediator suggested that if they have any problem among themselves then they should solve it together rather than not being in contact with each other for a year. — Mediator advices both the parties to think about the new born child and his future. STEPS TAKEN BY MEDIATOR TO SOLVE PROBLEM — Mediator explained the circumstances they both have to face after divorce keeping in view the new born baby’s future. This will lead to a positive result in settlement between Mr. Ravi and Mrs. Gita. — The parties are advised by the mediator to appfoach a qualified marriage counselor in periodic intervals and resolve the issues that they have faced or may face and seek the professional advice for a period of 1 year. FINAL MEDIATION SETTLEMENT, — Gita accepts being rude to Rayi in work place and assures to control her anger and short-tempered attitude, — On the advice of mediaton Gita is prepared to give one more chance to the marriage, thinking about\her hew born baby’s future. — On the other, Ravi is equipped to find a new job or swap his team in the same company. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -17- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam Problem No.4 Simulation on Conciliation Revathi and Rajesh, both Hindus got married in the year 2002. After that they had a son Arya in 2004. When Arya was 3 years old, due to various issues both of them got separated through mutual consent; Court has given the custody of Arya to Revathi. In 2010 Revathi got a Job in USA and left Arya with her parents temporarily and left for USA. Arya developed a great affection with the grandparents. Meanwhile Rajesh claimed for the custody of Arya as a natural guardian. Justify the claim of Rajesh in the light of the relevant laws applicable”and imagine a situation where this dispute has been referred to Conciliation. Draft the Conciliation proceedings. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -20- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam SIMULATION EXERCISE IN CONCILIATION: IN THE HONOURABLE FAMILY COURT JUDGE, CITY CIVIL COURT, HYDERABAD BETWEEN Mr. Rajesh eee Claimant / Petitioner AND Mrs. Revathi eee ceeeee tees eee Respondent FACTS OF THE CASE: — Claimant and Respondent being Hindus, got married in 2002 as per‘Section 7 of Hindu Marriage Act and were blessed with a son Arya in 2004. — 5 years after their marriage, due to various issues, Claimantyand Respondent got separated through mutual consent as per Section, 13 of the Hindu Marriage Act. — Court has given the custody of Arya to Respondent. — When Respondent got job in USA, she has to leave her son with her parents. — When the Respondent was in USA, the*Glaimant filed a petition before the Family Court, City Civil Court, claiming’ custody of the child, as a natural guardian, as per Section 6 of the Hindu Minority Guardianship Act. CONCILIATION PROCEEDINGS ISSUES FROM CLAIMANT — Claimant states that as R@spondent is not taking care of his son, he wants to take responsibility of his son (Arya). — Claimant described that Respondent's parents not allowed the child from meeting his,father after Respondent left to USA. — Claimantfeelsythat he is being restricted from doing his duty as a father. — He feels ‘that}Respondent wants to take away his son from his life to USA. ISSUES FROM RESPONDENT —\Respondent claimed that she was the only one who took the complete care and responsibility of her child from the birth. — Respondent does not deny the fact that the claimant was a doting father to her son but all the needs of her child is well attended and there is an emotional bonding between her parents and child. — She further states that the main reason for her flying to USA is to build financial stability for her child. RELIEF BY CLAIMANT ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -21- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam — The Claimant, as the father and natural guardian of the child, seeks for the residential custody of his only son, as per Section 6 of the Hindu Minority and Guardianship Act. — The Claimant is ready for responsibility and accountability of the child. RELIEF BY RESPONDENT — The Respondent, for the welfare of her child, claimed that the custody of her son should be vested with her parents for certain duration and later with hers — Respondent states that her son is emotionally dependent on her and\she wants to take him to USA with her within few months. DOCUMENTS AND EVIDENCES PRODUCED BY THE PARTIES e Identity proof of the Claimant ¢ Identity proof of the Respondent e Marriage Certificate ¢ Copy of the agreement of separation by mutual consent ¢ Notice issued by the Claimant — for custody of child throughycourt e Reply notice ¢ Birth certificate of the child e Job appointment letter of the Respondent e Reference letter issued by the Family Court, City Civil Court, for conciliation. Conciliator will assist the parties in reaching a final conciliation settlement agreement. JOINT SESSIONS/MEETINGS BY THE CONCILIATOR — The session started with heated arguments by blaming each other. — Mrs. Revathi waSwveryfirm on her decision of taking Arya with her to USA. — Mr. Rajesh’s constant approach for the custody of his child was continuously presented. — Mrs. Revathi recollects all the promises of Mr. Rajesh before marriage to take caré\of her and fears of breaking of promise of taking complete care of her child z Mr. Rajesh as being the father and natural guardian of the child seeks for the residential custody of the child. — Mr. Rajesh also agrees to send his child to Mrs. Revathi’s parents on weekends and will be allowed to meet his child whenever her parents wish. OBSERVATIONS MADE BY THE CONCILIATOR The conciliator, as per the reference of Honourable court, conducted meeting with the parties. Conciliator conducted several independent sessions and joint meetings and observed that — — The child is emotionally attached to the Respondent's parents and child was well taken care all these years. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -22- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam ARBITRATION Arbitration is a procedure in which the dispute is submitted to an arbitration tribunal consisting of a sole or odd number of arbitrators. Such Arbitrator shall be an unbiased person at the time of dealing with the disputes between the parties. The Arbitral Tribunal gives its decision in the form of an award that finally settles the disputes and it is binding on the parties. There is a win and win situation and also an element of confidentiality, present between the parties. Once the matter is referred to arbitration, the matter permanently moves*out of the realm of court proceedings and the suit stands disposed of at that very stage and afterwards the matter has to be resolved in terms of the Arbitration and Conciliation Act, 1996. — Arbitration can be either voluntary or mandatory. — Arbitration is often faster than litigation in court. — Arbitral proceedings and an arbitral award are generally non-public and can be made confidential. — In arbitral proceedings, the language of arbitration may chosen, whereas in judicial proceedings, the official language of the country of competent court will be automatically applied. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -25- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College 7. V. Ramani Madam Problem No.5 Simulation on Arbitration Sri P Bhaskar Rao, R/o Fortune Towers, Madhapur, Hyd (hereinafter called the claimant) purchased an apartment in the complex being constructed by Lodha Limited, Hyd (hereinafter referred to as respondent, builder). The builder has canvassed through his Sales representatives, agents, hoardings etc., that he is a reputed builder in construction of residential complex’s with full amenities and deliver the possession before 30.06.2011. Based of these representations, thexclaimant purchased an apartment at “Lodha Belezza” complex, having a carpet area of,3282 sq.ft along with 3 car parkings for a total consideration of Rs.2,42,30,799/-. The claimant booked an apartment on 10.11.2008 after paying a booking, advance of Rs.4,50,000/-; there after builder demanded further payments and premised that he takes pride in quality and timely delivery of the apartment. The claimant paid 2 more payments of Rs.23,60,980/- on 8.12.2008 and Rs.25,31,980/- on 12.01.2009. After the receipt of these payments, the builder had sent the agreement for sale for execution by the claimant. After going through the agreement for sale which is heavily loaded in favor of the builder, the claimant requested for certain changes to which the builder refused and stated that they have uniform sale agreement for all purchases. The claimant had to sign an agreement on 11.02.2009, left with no option after paying huge sum of money as advance to the builder. The*’balance sale consideration is to be paid in 17 further installments based/@nethe progress of the construction. The claimant paid further 16 installments. The totakamount paid is Rs.2,33,59,286/- representing 95% of the total sale price as on 31.03.2011. Only 1 installment of Rs.11,80,490/- is due. In every letter written by the builder demanding payment from the claimant, it was communigated that the construction is progressing as per schedule. The letter dated 4.08201V from the builder stated that the delivery of the apartment is postponed, from Wune 2011 to May 2012. The floods in Thailand and Telangana agitation have, been stated as reasons for his delay. The claimant had protested for the‘feasons mentioned by the builder as unreasonable. The Builder had sent through a letter dated 26.04.2012 a draft sale deed to be exécuted between the purchaser and the builder. The sale deed contained Objectionable and arbitrary clauses depriving the claimant his rights. The claimants’ objection is that the terms of agreement for sale have not been kept up. There has been delay in completion of construction as per date 30.06.2011 mentioned in the agreement for sale. In view of this the claimant issued a notice dated 14.05.2012 cancelling the agreement for the apartment booked and requested for refund of all the amounts © A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -26- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam paid along with interest as there was no reply from the builder, the claimant sent another notice dated, 21.06.2012 invoking arbitration clause of the agreement for sale appointing sole arbitrator. Subsequently, a letter dated 8.08.2012 was received from the builder appointing a sole arbitrator different from the one appointed by the claimant. The claimant has accepted for this appointment without hesitation. Draft Arbitration proceedings and an award by the Arbitrator. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -27- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam > Defendant/Respondent Submissions: e The Defendant at first instance has submitted that and it was admitted that, there was an unexpected delay on his part for the first time. e He also acknowledged the installments amounts paid by the Claimant. e He further submitted that, the delay was caused in delivery of possession, due to the factors beyond his control. e He also stated that the untimely due to floods affectsin Thailand and the on-going agitation for separate state for Telangarta caused the delay in supply of essential material and man power thereby preventing them from the completion of project on time. e Replying the allegation regarding the sale deed*Conditions, it was submitted that the sale deed was not spécially“drafted keeping in view of the existing claimant and the same was in practice for a long time now and no sort of complaints were raised against the same. e He also stated that, they left no stOne un-turned to deliver the possession on the promised\date of delivery and yet all their efforts were in vain. e He also continued to submit that, the pending work has already commenced and the possession would be delivered as soon as possible. e It was further humbly submitted that, the model flat which was shown so the claimant is ready for delivery and if agreed, possession,of the same would be delivered. e He further continues to submit that, if the claimant rejects the above\oeffer and wants the same apartment purchased by him to be delivered, it requires additional time. e He finally submits that, he is willing to compensating in terms of the damage caused due to delay caused; he would waive the amount of last installment pending by the claimant. > Documents submitted by the Parties for Consideration: e Documents submitted by Claimant: 1. The copy of acknowledgement of receipt of booking of the Apartment on 10.11.2008 by paying a token amount of Rs.4,50,000/-. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -30- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam 2. The copies of acknowledgement receipts of payment of 16 installments to the Defendant. 3. The Office copy of Notice sent to the defendant on 14.05.2012 canceling the agreement of sale for the apartment booked. 4. The Copy of Notice issued by claimant to the defendant, dated 21.06.2012, invoking arbitration clause from the agreement of sale. e Documents submitted by Defendant: 1. Copy of Allotment letter, acknowledgement the booking of the claimant. 2. Copy of the Agreement of sale dated. 01.02.2009»sent to the claimant. 3. Copy of letter sent to claimant on 4.08.2011 stating that the delivery of the apartment is postp6nedffrom June 2011 to May 2012. 4. Copy of acknowledgement sent by Eccentric Interiors, Thailand, dated 25.08.2011 acknowledging the loss of goods ordered. 5. Copy of letter dated 8.08.2012, sent to the claimant was received from the defendant appointing a sole arbitrator. > Appearance of the farties in the hearings: e First Hearing -\Both the parties were present at the first and the only hearing. > Based upon the pleadings as per claims, statements, of the parties the Arbitrator opined as follows :- e There was delay on part of the defendant in completion of construction and delivery of possession of apartment. « The claimant was paying the installments on regularly as in terms and conditions of agreement of sale. e It was also noticed by the learned Arbitrator that, the defendant has come up with a proposal, to waive a balance portion of the installment due, compensating the delay in delivery of the possession. ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 -31- LL.B 3 YDC, SEMESTER V ADR Record (Paper IV} Padala Rama Reddi Law College Lecturer: R. V. Ramani Madam “ Award of Arbitrator :- e That the defendant shall waive off 50% of the due installment, compensating the delay caused in favor of claimant. e The defendant is further directed that he shall deliver the possession of apartment within six weeks from the date of this Award. e This award is passed with the consent of both the parties. > Reasons for giving the award :- Basing upon the material and evidence placed on record the following issues fell for the consideration. e Was the defendant negligent in causing delay? It is clear from facts and submissions that there was delay on part of defendant. But it was stated by the defendant that the same was beyond the control of the defendant. For that purpose, he has come up with a proposal. e Does the claimant deserve to be compensated? As per material placed on record there is a delay on part of the defendant in completion of\the construction and handing over the possession of the apartmenty despite receiving 95% of amount being paid. Therefore the defendant failed to comply with the terms of agreement. However during the course of hearing the defendant has come up that he would compensate the damage due to delay, he admits that he shall forgo 50% of the balance installment amount. This offer was put to the claimant and after obtaining content from him the sameé@was recorded and the defendant was directed he shall complete the” construction of apartment and deliver the possession within 6 weeks from the date of award. The same was accepted. e¢ Was the draft sale deed unilateral? kegarding the allegation against the draft sale deed, the arbitrator is of the opinion that the same is not unilateral. e The arbitrator finds the proposal by the defendant is fair offer and it would be just and equitable balance in the interest of claimant. Dated: 20.08.2012 Sd/- Mallikarjun (Arbitrator) ¢ A. Mallikarjun Hall Ticket No. 1726-18-831-094 Mobile: 9642099922 —32-