Mediated Settlement Cannot Yet Be Enforced as a Decree, Rules Manipur High Court

Mediated Settlement Cannot Yet Be Enforced as a Decree, Rules Manipur High Court in State of Manipur v. Rebina Devi

Case: State of Manipur and Others v. Konsam Ningol Khagembam Ongbi Rebina Devi and Another
Citation: 2026:MNHC:260-DB
Date of Judgment: 05 November 2026
Court: High Court of Manipur
Coram: Chief Justice M. Sundar and Justice A. Guneshwar Sharma
Proceedings: RFA No. 2 of 2022

Court Observation

“This Court deems it appropriate to take this opportunity and write that it is desirable to have Sections 19 (1) and 27 besides some other important provisions of said Act notified at the earliest so that parties need not come to Court for a judicial order post mediation, be it mediation pending litigation or pre litigation mediation.”

Summary

The Manipur High Court has called for the early notification of Sections 19(1) and 27 of the Mediation Act, 2023, along with other important provisions, so that parties do not have to return to court for a judicial order after a successful mediation. The Court was hearing a regular first appeal under Section 96 of the Code of Civil Procedure, 1908, which had been settled after being referred to the High Court Mediation Centre.

The Court explained that the Mediation Act, 2023, is conditional legislation: although it contains 65 sections, only 21 were brought into force by a Central Government notification dated 9 October 2023, and the remaining 44 provisions, including Section 27, remain dormant more than three years after the Act was enacted. Because Section 27 has not come into force, a mediated settlement agreement cannot yet be enforced as a court decree under that provision, and a judicial order remains necessary. The Court disposed of the appeal in terms of the mediated settlement agreement dated 2 November 2026, made the agreement part of its judgment and directed the Registry to draw up a decree. It made the judgment reportable.

Key Holdings

  • Because Section 27 of the Mediation Act, 2023, has not been brought into force, a mediated settlement agreement is not yet enforceable as a decree of the court, and a judicial order in terms of the settlement agreement remains necessary.
  • Sections 19(1) and 27, along with other important provisions of the Mediation Act, 2023, should be notified at the earliest so that parties need not return to court for a judicial order after successful mediation, whether during pending litigation or before proceedings are instituted.
  • Only 21 of the 65 sections of the Mediation Act, 2023, have been brought into force, leaving the remaining 44 provisions dormant; the Act is conditional legislation under Section 1(3), with different provisions coming into force on dates appointed by the Central Government.
  • Where the State, a company or any other juridical entity participates in mediation, it should send a natural person with a written mandate and authority to represent it, take decisions during the mediation and sign the settlement agreement.

Directions Issued

  • The Registry shall draw up a decree in terms of the mediated settlement agreement dated 2 November 2026, which forms part of the judgment.

Background

The regular first appeal, filed by the State of Manipur and the Manipur State Power Distribution Company Ltd. and other State entities against Rebina Devi and her minor daughter, was referred to the High Court Mediation Centre under the aegis of the High Court Legal Services Committee. The mediation succeeded and the parties recorded the terms of their settlement in a written agreement dated 2 November 2026, jointly requesting the Court to record the settlement and dispose of the appeal in terms of it. The first round of mediation had run into difficulty because no officer with the necessary mandate was present on behalf of the State entities, and the matter had to be referred back to the Court; in the renewed process, authorised officers signed for the State entities and their separate written mandates were placed before the mediator and the Court.

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Judgment Link: Read the full judgment (PDF)

Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.

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