Featured image for Supreme Court Judgment dated 20-11-2018 in case of petitioner name Nilesh Mansukhlal Patel & Anr. vs Mukesh Mansukhlal Kohtari & Or
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Supreme Court Resolves Business Dispute Between Patel and Kohtari Families Through Consent Terms

The case of Nilesh Mansukhlal Patel & Anr. vs. Mukesh Mansukhlal Kohtari & Ors. involved a business dispute that was ultimately resolved through consent terms before the Supreme Court of India. The dispute had led to a contempt petition in the Bombay High Court, which resulted in an appeal before the Supreme Court.

The parties to the dispute were engaged in litigation concerning arbitration proceedings. However, during the pendency of the appeal, they reached an amicable settlement. The Supreme Court took note of the signed Consent Terms and modified the impugned order accordingly, thus resolving the long-standing legal battle.

Background of the Case

The appellants, Nilesh Mansukhlal Patel and another, were aggrieved by an order dated 07.08.2012, passed by the Bombay High Court in a motion related to Criminal Contempt Petition No. 2 of 2011, arising from Arbitration Petition No. 315 of 2003.

The litigation initially stemmed from business disagreements, which led to arbitration proceedings. However, the matter escalated when one party filed a contempt petition in the High Court, alleging non-compliance with court directions. This resulted in further legal complications, eventually leading to the appeal before the Supreme Court.

Arguments by the Petitioners (Patel Family)

  • The appellants contended that they had been unfairly subjected to legal action despite adhering to the terms of the arbitration process.
  • They argued that the contempt petition was filed with an ulterior motive to pressure them into an unfavorable settlement.
  • They requested that the Supreme Court intervene and ensure that the matter was resolved in a fair and just manner.

Arguments by the Respondents (Kohtari Family)

  • The respondents maintained that the appellants had violated the court’s directives regarding the arbitration process.
  • They argued that the contempt petition was justified due to non-compliance by the appellants.
  • However, they were open to an amicable resolution to avoid prolonged litigation.

Supreme Court’s Judgment

The Supreme Court welcomed the amicable resolution of the dispute and took note of the signed Consent Terms presented by both parties. The key rulings of the Court were:

  • The Consent Terms dated 02.11.2018, duly signed by both parties and their legal representatives, were recorded as part of the decree.
  • “The impugned order shall stand modified accordingly.”
  • The appeals were disposed of in terms of the Consent Terms, ensuring a final resolution of the dispute.

The Court observed:

“We are happy that during the pendency of the appeals before this Court, the parties have settled their disputes. The Consent Terms (in original), duly signed by the parties and their respective counsel, have been handed over to us. The same is taken on record. The consent terms shall form part of the decree.”

Implementation of the Judgment

The Supreme Court directed the following steps for implementation:

  • The Consent Terms were made part of the decree, legally binding both parties to their agreed terms.
  • The Bombay High Court’s previous order was modified to align with the settlement agreement.
  • The appeals were formally disposed of, preventing any further litigation on the same issue.

Significance of the Judgment

This judgment highlights the Supreme Court’s emphasis on alternative dispute resolution (ADR) mechanisms such as arbitration and settlement agreements. By recognizing the Consent Terms as a binding resolution, the Court reinforced the principle that disputes can be effectively resolved through mutual agreement rather than prolonged litigation.

The ruling also sets a precedent for handling business disputes where arbitration is already in place, ensuring that courts facilitate amicable settlements whenever possible.

Conclusion

The Supreme Court’s decision to dispose of the case based on Consent Terms demonstrates its commitment to efficient dispute resolution. The ruling prevents unnecessary legal battles and allows the parties to move forward with a legally binding settlement.

This case serves as an important example of how arbitration and mediation can be successfully utilized to resolve commercial disputes, reducing the burden on the judicial system while ensuring fair outcomes for all parties involved.


Petitioner Name: Nilesh Mansukhlal Patel & Anr..
Respondent Name: Mukesh Mansukhlal Kohtari & Ors..
Judgment By: Justice Kurian Joseph, Justice Deepak Gupta, Justice Hemant Gupta.
Place Of Incident: Bombay, Maharashtra.
Judgment Date: 20-11-2018.

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