| Citation(s) |
|---|
| 2024 SLG 5145 2024 SLD 5145 2024 CLD 685 |
Civil Original No. 08 of 1989, decided on 20th December, 2022. Date of hearing: 20th December, 2022.
Before Jawad Hassan, J
Anwar Kamal, Senior Advocate Supreme Court with Muhammad Umar Khan Vardaq, Advocate Supreme Court for Petitioner. Malik Qamar Afzal, Advocate Supreme Court with Malik Shahriyar Qamar Afzal, Raja Asad Iqbal Sati and Usman Jillani and Barrister Zainab Nasir along with Nasir Jabbar Khan for
Respondent. Muzaffar Ahmad Mirza, Executive Director, Legal Affairs with Adeel Peter and Hassnain Raza, SPP for SECP. Malik Amjad Ali, Additional Advocate General. M. Kamal Hassan, ENE Mediator with M. Bilal Riaz and Barrister Mian Sheraz Javaid. Ch. Ali Abbas, Advocate for IDBL Bank with Officials of Bank namely Faizan Khan, Officer Grade-II, IDBL and Zargham Shah. Sadique Akbar Abbasi, Advocate Supreme Court for NBP. Attiq-ur-Rehman Kiani, Advocate Supreme Court, Official Liquidator (Applicant in C.Ms. Nos. 7 and 8 of 2022) Syed Bulent Sohail and Zarmeeneh Rahim. Malik Aneeq Ali Khatana, Barrister S.M. Hafeez Shah. Rashid Mehmood, Civil Judge 1st Class/Research Officer Lahore High Court (Rawalpindi Bench).
NETHERLANDS FINANCIERINGS MAATSCHAPPIJ VOOR ONTWIKKELINGSLANDEN N.V. (F.M.O.)---Petitioner
VERSUS
MORGAH VALLEY LIMITED and SECP---Respondents
Law: Civil Procedure Code (V of 1908)
Section: 89-A
(a) Civil Procedure Code (V of 1908)---
----S. 89-A, O. IX-A and IX-B---Alternative Dispute Resolution Act
(XX of 2017), S. 2(i)---Mediation---Object, purpose and scope---Mediation is used to settle contract, interpersonal and human resource conflicts---Mediation involves intervention of a third person, or mediator, into a dispute to assist parties in negotiating jointly acceptable resolution of issues in conflict---Mediator meets with the parties at a neutral location where parties can discuss the dispute and explore a variety of solutions---Each party is encouraged to be open and candid about its own point of view---Mediator, as a neutral third party, can view a dispute objectively and assist the parties in considering alternatives and options that they might not have considered---Mediator is neutral and does not stand for personal benefit from the terms of settlement, and is impartial in that he or she does not have a preconceived bias about how the conflict should be resolved---Mediation is a process where parties meet with mutually selected impartial and neutral person who assists them in negotiation of their differences---Such process brings in hope of getting parties to discuss settlement through a trustworthy and skilled mediator who encourages settlement freeing up valuable court time and resources.
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