Mediation settlements should be given effect to immediately

Mediation settlements should be given effect to immediately

Vikas Garg Vs State os Rajasthan

Supreme Court


Petition(s) for Special Leave to Appeal (Crl.) No(s). 1089-1090/2018

About/from the judgment:

The Supreme court recently pulled up registry for listing a settled matter an year after settlement was recorded.


The court had referred a matrimonial matter to mediation last year. The settlement was recorded on 10th May, 2018 and a week later on 16.5.2018 a direction was issued by the Court to list the matter after vacation.


When the matter came up on Monday, the bench comprising of Justice Sanjay Kishan Kaul and Justice KM Joseph recorded the settlement and directed the parties to strictly abide by the terms of the settlement. The bench then observed:


"There is, however, one aspect which troubles us. The settlement was recorded as far as on 10th May, 2018. On 16.5.2018 a direction was issued by this Court to list the matter after vacation. This matter has been listed after one year i.e. after the second summer vacation. It is trite to says that the mediation settlement should be given effect to immediately. We see no reason why due precaution should not have been taken in listing the matter at the earliest after the summer recess of 2018 or why it should have been deleted from the list."


The bench termed this issue 'serious' and observed that the Registrar concerned should look into the matter as to why such specific directions of the court about listing before the Court are not being followed strictly and submit the report on the administrative side within a period of four weeks and fix responsibility in this regard.

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