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Reading the amended s. 89 of the Code of Civil Procedure and the insertions of O. 10, which of the following conditions should be satisfied before matter could be referred to an Alternate Dispute Redressal?
I. Existence of elements of settlement in the opinion of the Court
II. The parties must share the opinion of the court
III. Formulation of the terms of settlement by the court
IV. The court should invite the observation of the parties on the terms of settlement
V. Observations of the parties must be received by the court
VI. If need be, reformulate the terms of settlement and refer the same for Alternate Dispute Redressal contemplated un s. 89 of the Code of Civil Procedure
II, III
I, IV
I, V, VI
All of these
- Statement I: Existence of elements of settlement is necessary. The court should believe there's potential for resolving the dispute without trial.
- Statement II: Parties do not need to agree with the court's opinion initially, hence it is not required for referral.
- Statement III: The court formulates potential settlement terms after identifying settlement potential.
- Statement IV: Inviting parties’ observations allows them to provide input on proposed terms.
- Statement V: The court receives these observations to adjust the settlement strategy if needed.
- Statement VI: Court may need to reformulate terms before referring to ADR.
- Option 1: Incorrect because II is not necessary.
- Option 2: Incorrect as it misses V and VI.
- Option 3: Incorrect because it leaves out III and IV.
- Option 4: Includes all correct necessary steps including I, III, IV, V, VI.
Option 4: All of these is correct.
By: santosh ProfileResourcesReport error
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