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Alternate Dispute resolution and cases pending trails in various courts in india - By CS A Rengarajan Let us see pending cases reported in various high courts, subordinate courts and Supreme Courts as per news items published Times of India dated 20-12-2011NEW DELHI:

The government on Monday said around 3.2 crore cases were pending in high courts and subordinate courts across the country while 56,383 cases were pending in the Supreme Court. It also said 74% of the total 3.2 crore cases were less than five years old. Similarly, 20,334 out of the 56,383 pending cases in the apex court were less than one year old. Is there way out to reduce the pendency cases in various courts. The answer to the question is yes. Even during the pendency of court proceedings, the parties can go for settlement whether it is conciliation or judicial settlement or mediation. The Parliament has amended Civil Procedure code in July 2002 to provide speedy justice including the Courts have been given the power to refer the disputes to:

a) Arbitration;

b) Conciliation;

c) Judicial settlement including settlement through Lok Adalat;

d) Mediation.

The Court will endeavor in case of such disputes to formulate the terms of settlement between the parties and will also effect a compromise as per the prescribed procedure Considering the above pendency in various courts, all concerned will come forward to settle the disputes to reduce the pendency. 3.2 crores cases pending with various high courts and subordinate courts is alarming one. In order to clear backlog, the government should ensure to bring electronic trails so that more such cases will be referred to settlement and reduce the pendency Worldwide Alternate Dispute resolution has been successful. In India, there has been little progress to settle outside the court. The main aim of Section 89 of the code of civil procedure code is that to provide alternate settlement mechanism to the parties to end the trails and also reduced burden on the courts. The court shall formulate and reformulate the schemes and refer to the settlement mode. The unique feature of the amendment to Section 89 of the Code of Civil procedure code is that during pendency of trails, the parties may opt for disputes outside court settlement. The power has been give to the court to enable them to refer the matter Conclusion: To reduce the huge pendencies in various courts, the affected parties may come forward to settle their disputes outside the court. In case the above settlement mechanism is not possible, then parties ultimately go to trail Suggestion: The question is not number of pending cases alone but also duration of pendency say 20-30 years.

It is very much annoying to note the cases pending more than 20 years, many cases parties would have been died and the beneficiary will not be the person who filed the case. To reduce the pendencies court to sit on Saturday exclusive for old cases and should be heard the order of seniority so that in the period of time, old cases will vanish and only cases of five years old left. For these no adjournment should l be given.



Published by

cs A Rengarajan
(Company Secretary)
Category Corporate Law   Report

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