![]() ![]() Section 20 of the law has given finality to the order, judgment and decree of the Adalat. This anomaly should be removed by inserting appropriate provision. ![]() Within a short span of time, the law has gone under an amendment by the Artha Rin Adalat (Amendment) Ain, 2004 which reflects weak draft of the law.I have been working as a Judge of the Adalat for more than two years.Īs a result, the plaintiff remains ignorant about restoration of the suit. The thinkers on the subject gave second thoughts to frame a new law and ultimately the legislature passed “The Artha Rin Adalat Ain, 2003” (hereinafter Adalat) by repealing the earlier one.The law came into force on 1st May 2003 except sections 46/47 which came into operation on 1st May 2004. The law brought changes to a great extent in the administration of justice delivery system for regulating those suits but it failed to fulfil the expectation of the legislators/bankers to recover the dues expeditiously from the defaulters. To remove this difficulty, the government enacted a special piece of legislation named “The Artha Rin Adalat Ain, 1990” which had gone under some changes by way of amendments since its inception. The delay caused made the bank sector suffer for non-realisation of dues in time and the bankers gathered bitter experience in realising the same. ![]() The civil courts were burdened with other businesses and such suits of banks consumed time for disposing of. When due for default, is realised through money suits, suits for foreclosure, mortgage by instituting the same to competent civil courts. The provisions have been made in this regard that the court can mediate the suit matter after filing the written statement by the defendant or defendants, by adjourning the subsequent procedures of the suitThe government by amending the Code of Civil Procedure expands the avenue for shalishi. Similarly, the term ‘settlement conference’ has been used to denote mediation process in the part V of Artha Rin Adalat. No 4 of 1990)after filing of written statement, if all the contesting parties are in attendance in the court in person or by their respective pleaders, the court many by adjourning the hearing, mediate in order to settle the dispute or disputes in the suit or refer the dispute or disputes in the suit to the engaged pleaders of the parties, or the party or parties, where no pleader or pleaders have been engaged, or to a mediator form the panel as may be prepared by the District Judge under subsection 10, for undertaking efforts for settlement through mediation. ![]() Section 89A lays down that except in a suit under the Artha Rin Adalat Ain, 1990 (Act. Now ADR has come within the domain of civil procedure code.By the recently enacted sections 89A/89B of CPC, the ADR system (mediation and arbitration) has been introduced, the two terms ‘mediation’ and ‘arbitration’. ![]()
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