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Supreme Court of India 2017-08-23 allowed

Govind Prasad Sharma & Ors vs Doon Valley Officers Cooperative Housing Society Ltd

Bench: 2 — R. F. Nariman

In Brief

The appellants challenged a High Court order allowing a demarcation report prepared during conciliation proceedings to be admitted as evidence in judicial proceedings. The Supreme Court held that although the report did not fall within the four specific categories of Section 81 of the Arbitration and Conciliation Act, 1996, it was still protected by the broad confidentiality obligation in Section 75. Since the report's sole origin was the conciliation proceedings, it could not be used as evidence. The Court allowed the appeal, emphasizing that protecting confidentiality in conciliation is essential to achieve free and fair settlements.

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Arbitration and Conciliation Confidentiality in Conciliation Admissibility of Evidence Civil Procedure

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