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Class activists

Class activists

by badal hossain -
Number of replies: 0

The mechanisms of ADR in the Artha Rin Adalat Court Act, 2003 are (a) settlement conference which is to be presided over by the trial judge and to be held in camera and (b) arbitration. The amended provision of the Ain, 2003 for holding mediation is a mandatory one. Because subsection (11) of section 22 of the Ain 2003 has been provided consequence if the parties have failed to mediate the dispute by arbitration. There is no provision for any of the parties of the suit to expresses their unwillingness to go for mediation by filing an application to the court. The trial court concerned is hereby directed to send the pleadings of the suit to the parties or their engaged lawyers for holding mediation within 15 (fifteen) working days of receipt of this judgment. In doing so, the parties of the suit are also directed to take positive steps for holding mediation keeping in view of the provision of subsection (5) of section 22 of the Ain 2003. The concerned Artha Rin Adalat is also directed to proceed with the suit in accordance with law if the parties of the suit failed to mediate the dispute within 90 (Ninety) days from receipt of the pleadings of the suit as provided under section 22(5) of the Ain, 2003.