Law: Civil Procedure Code (V of 1908)

Section: 89-A,1B

Civil Procedure Code (V of 1908)--- ----S. 89-A O. X, R. 1B---Alternate dispute resolution---Scope filed suit for declaration, permanent injunction, infringement of copyright, delivering up, rendition of accounts and damages---Along with the suit, plaintiff filed an application under S. 89-A, C.P.C. praying that the dispute between the parties be referred to mediation in terms of the agreement executed between the parties---Validity---Said application was disposed of and a Mediator was appointed by the Court with consent of the parties---Petition under O. X, R. 1B(vi), C.P.C. was submitted by the Mediator wherein he had stated that the parties executed a settlement agreement, original whereof was attached to the petition---At the foot of the settlement agreement, there was a certificate by the Mediator certifying that the parties had entered into the said agreement voluntarily---Mediator as well as the counsel for the parties requested that as all the disputes had been resolved by the parties through the said agreement, present suit be decreed in terms thereof---Suit was decreed in terms of the settlement agreement arrived at by the parties. ORDER NADEEM AKHTAR, J.--- Urgency granted. 2. This Suit was instituted by the plaintiff on 03.02.2020 against the defendants for declaration, permanent injunction, infringement of copy right, delivering up, rendition of accounts and damages. Along with the Suit, the plaintiff filed an application bearing C.M.A. No.1588/2020 under section 89-A, C.P.C. praying that the dispute between the parties be referred to mediation in terms of Clause 10.2 of the agreement executed by the parties. Under section 89-A(1), C.P.C., as amended by the Code of Civil Procedure (Sindh Amendment) Act, 2018 (the Amendment Act of 2018), the Court may use Alternate Dispute Resolution (ADR) methods to resolve cases of civil or commercial matters. The first proviso to section 89-A(1) ibid provides that for the purposes of the said Section, ADR refers to mediation, conciliation and negotiation. Under subsection (3) of section 89-A(1) ibid, a case may be forwarded to ADR by referral of the case to a mediator/conciliator as identified under Order X, Rule…

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