Jammu and Kashmir High Court: Mediated Settlement Enforceable Only Upon Court Approval and Issuance of Decree

The Jammu and Kashmir and Ladakh High Court in the case Nazir Ahmad Bhat Vs Sehrish Shafi & Ors observed and has reiterated the enforceability of mediated settlements under the Jammu and Kashmir Mediation and Conciliation Rules, 2019.

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The court in the case emphasized that a settlement reached during mediation gains the status of a decree enforceable at law only when it receives the approval of Court and a decree is passed accordingly.

The bench headed by Justice Sanjay Dhar in the case explained that when parties reach an agreement during mediation concerning the subject matter of a suit or other proceedings, the agreement must be reduced to writing, executed, and signed by the parties or their authorized representatives.

Adding to it, the court stated that this agreement is then required to be submitted to the mediator, who is obligated to forward it to the Court where the proceedings are pending.

In the present matter, the petitioner, Nazir Ahmad Bhat had filed a perpetual injunction suit against the respondents, seeking to restrain them from interfering in his property dealings.