Power major Damodar Valley Corporation (DVC) on Saturday agreed to resolve its 14-year old dispute filed against Kolkata-based GE Power Boilers Services ltd (GEPBSl) to recover Rs 2.41 crore through mediation, one of the fast emerging alternative dispute resolution (ADR) mechanism.
DVC had filed a money suit against GEPBl, earlier known as Alstom Power Boilers Services ltd, in 2003 in the court of Sub Judge, Bermo, Tenughat to recover around Rs 3 crore after the later defaulted on execution of the work orders placed to it. GEPBSl is engaged in the business of manufacturing and repairing of boilers and power plant machineries.
After a long drawn hearing, the court referred the case to be resolved through mediation to Jharkhand State legal Services Authority (JHAlSA) in September, 2015.
The JHAlSA thereafter nominated two expert mediators-Ashok Kumar Saboo and Suman Kumar Shrivastava- to resolve the case. The mediators conducted some 16 sittings. Initially, the only lawyers appeared on behalf of the companies taking the cases nowhere. Thereafter, the mediators insisted on appearance of the authorised representatives, as required under the mediation process, who alongwith their lawyers helped in taking the case to a logical conclusion.
Under the agreement, signed by S Beck on behalf of DVC and Arun Kanti Samanta for GEPBSl, 50 percent of the agreed amount e.i. 2.41 crore has been paid to DVC. The rest of the amount will be paid after DVC files a petition to withdraw the case in the Tenughat court.
This case is supposed to be one of the big commercial cases resolved through mediation in Jharkhand.
Notably, Jharkhand High Court through JHAlSA has been using the mediation tool to resolve the commercial disputes too, apart from other civil and matrimonial cases even before the Ministry of Corporate Affairs notified mediation and conciliation rules in September last year.