Chief Minister of the State of the West Bengal, seeking an
amicable settlement of the vested land in its favour, for
setting ... decided on the merits.
Seventhly, the appellant-State duly recommended the
amicable settlement, which was approved by the
Minister-in-charge of the Land
before the court of learned Civil Judge,
Vadodara on 30.03.2005, wherein amicable
settlement had taken place between the
parties and based upon the said compromise ... undefined
applications have been rejected.
4.4 Thereafter pending aforesaid first appeals,
amicable settlement had arrived at between
the parties and accordingly, a request was
made
aforesaid clause envisages dispute resolution in the first
instance through amicable settlement by way of negotiation and discussion
between the parties. The Clause further envisages ... premature?
38. It was contended that the pre-condition for amicable settlement of
the dispute between the parties has not been exhausted and therefore
aforesaid notice was followed by a round of
talks for amicable settlement and discussion and the
correspondence exchanged back and forth is placed on record ... keep the
arbitration proceedings at abeyance, a precondition for
exploring amicable settlement was not acceptable, and it was
also stated that the invocation of arbitration
aforesaid clause 17.1, the parties have to go for amicable settlement and if
amicable settlement dose not take place, then the matter ... unless amicably
settled between the parties.
7. From the correspondence going between the parties, it is clear that
there cannot be any amicable settlement because
dispute amicably before referring the dispute to arbitration. If no
amicable settlement is arrived at between the parties within 30 days then
the matter shall ... respondent is that the petitioner has not
exhausted the remedy of amicable settlement between the parties, which
was the mechanism so provided under the aforesaid
agreement is as under:-
"2.11 Disputes Resolution'
(i) Amicable Settlement:
The parties shall use their best efforts to settle amicably all
disputes arising ... terms of Clause 2.11(i), there is a provision for amicable
settlement. The petitioner indeed had issued a notice for amicable settlement
Annexure
station diary copies and amicably settlement report made
between both parties have been already attached by the
petitioner in his petition. But later ... amicable settlement and mediation is/are a laudable
method(s) for settlement of disputes and misunderstandings. It is a
preferred mode of settlement
together peacefully. The continuation of
incarceration of applicant may nullify the amicable settlement between the
parties. Therefore, the proceedings of MJCR No. 64/2016 ... advanced by the petitioner and verified the factum of amicable settlement
between the parties. The matter was referred for verification to the Principal
Registrar
been conveyed to the petitioner that there is a
procedure for amicable settlement and the petitioner may contact the
authorized representative of respondent ... since the
petitioner did not approach the respondent No.1 for amicable settlement,
therefore, in view of the language of the arbitration clause
