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CS Professional · Arbitration, Mediation and Conciliation · Introduction to Conciliation and its Importance for MSMEs

Kaveri Foods and Ramesh Traders are conciliating. Kaveri Foods sends a written declaration to Ramesh Traders and to the appointed conciliator stating that it terminates the conciliation proceedings. Ramesh Traders wants to continue. What is the legal position?

The proceedings terminate on the date of Kaveri Foods' declaration. Section 76(d) lets a single party end conciliation by written declaration to the other party and the conciliator, so the other side's wish to continue, or a joint declaration, is not needed.

  1. AProceedings continue until the conciliator also agrees in writing
  2. BProceedings terminate on the date of Kaveri Foods' declarationCorrect
  3. CProceedings terminate only if both parties jointly declare termination
  4. DProceedings are suspended for thirty days before termination takes effect

Explanation

Section 76(d) allows a party to terminate by written declaration to the other party and the conciliator, if appointed, effective on the date of the declaration. Joint action under 76(c) is only one of the modes, not a requirement. No thirty-day waiting period applies to this mode.

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