Vhb Life Sciences Ltd v. Akums Drugs & Pharmaceuticals Ltd

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 667/2015 VHB LIFE SCIENCES LTD ..... Appellant Represented by:

Mr.P.Srivastva, proxy Adv. for Mr.Ravikesh Sinha, Adv.

versus AKUMS DRUGS & PHARMACEUTICALS LTD ..... Respondent Represented by:

Mr.P.K.Mittal, Adv.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.01.2016 CM 29894/2015 For the reasons stated in the application 25 days delay in filing the appeal is condoned.

FAO(OS) 667/2015 1.

Impugned order dated October 01, 2015 records that on an earlier date, as recorded in the order dated July 20, 2015 parties, consented to be referred to mediation which has failed.

2.

The order further records that it is most unfortunate that when matter was referred for mediation it has ended as a non starter. 3.

We fail to understand the logic and reasoning of the second paragraph of the impugned order for the reason mediation is purely voluntary. If parties agree to be referred to mediation and mediation fails, it is neither fortunate nor unfortunate.

FAO(OS) 667/2015

4.

The further directions directing parties to appear before mediator ignores the law of mediation which we have noted hereinabove. Mediation is voluntary. No Court can force the parties to appear before a mediator. 5.

The final direction in paragraph 5 has baffled us. It records that if settlement is not reported the managing directors of the two companies would be present in Court to interact with the Court. 6.

To say the least the direction is not warranted. 7.

The impugned order gives an impression as if the Court was forcing a mediation settlement down the throat of the parties. 8.

The appeal is disposed of quashing the observations as also the direction issued in paragraph 5 of the impugned order dated October 01, 2015.

9.

No costs.

CM 29893/2015 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

JANUARY 14, 2016 'ga'

FAO(OS) 667/2015