Summary
A demarcation report originating solely in conciliation proceedings could not be introduced in subsequent litigation. Section 75 imposed broad confidentiality independently of whether the particular material fell within Section 81’s enumerated categories. The Court distinguished independently existing evidence and permitted the respondent to obtain and tender a fresh report in accordance with law.
Issues
- Whether a report originating in conciliation could be admitted merely because it was outside Section 81’s listed categories.
Provisions considered
- Sections 75 and 81, Arbitration and Conciliation Act, 1996The reproduced provisions established broad confidentiality for matters relating to conciliation, not restricted to the four listed evidentiary prohibitions. (¶ 5–8)
Held
- The words relating to in Section 75 were of wide import. Because the report’s genesis lay only in conciliation, the confidentiality requirement applied even if the case did not fit Section 81’s four categories. (¶ 5–7)
- A fact independent of and separate from settlement discussions could stand differently. This report was not independent; a separately obtained demarcation report could nevertheless be introduced in accordance with law. (¶ 8–9)
Result
Appeal allowed; High Court order admitting the conciliation report set aside, with liberty to obtain and tender another lawful demarcation report.