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NYAYA SADAN Jharkhand State Legal Services Authority (JHALSA), Near A.G. Office, Doranda, Ranchi- 834002 Phone: 0651-2481520 (0), 2482392, Fax 2482397, E-mail - jhalsar Patron-in-Chief Hon'ble the Chief Justioe Jharkhand High Court Hon'ble Mr Justice DN, Patel Judge, Jharkhand High Court MEMBER SECRETARY. Arun Kumar Ral (Principal District Judge) ranchi@gmail.com RefNo: JHALSA/] £3) pad : PANO>]'@ COURT MATTER-MOST URG T All the Principal District Judges ‘um-Chairpersons District Legal Services Authorities ling the Principal Judicial Commis er-cum-Chairman iMistrict Legal Services Authority, Ranchi ‘Sharkhand sub: Draft Mediation Agreement Format sir, please find enclosed herewith Order of the Hon'ble Court dt: 17" of July, 2018 assed in A.B.A. 1632/2017. Hon"ble Court has been pleased to direct as follows “Member Secretary, JHALSA is directed (0 uptoud the aforesaid draft of the proposed standard format of mediation Tagreement on the website of IHALSA lates! fy 01.08.18 and also to send throws vent to all tke Principal District and Sessions “Judges and Principal Judges, Family Courts within the State of Jharkhand with « “Tinection that all the Principal District & Sessions Judges and Principal Judges, Family Courts in consultation with helt judicial officers shall give ‘suggestions/modifications/ objections, if anys ifor improving the said format latest by 31.08.18. after receiving the suggestions/ modifications’ objections from the Principal istrict & Sessions Judges and their respective cows ‘and Family Courts, Member Secretary, JHALSA ts directed (0 submit a fresh draft with suggestions/modifications/ objections: 0” ‘affidavit before this Court latest by 17.09.18." Tn compliance of the direction of Hon'ble Court & proposed standard format Mediation Agreement in matrimonial disputes, Negotiable Instrument Act matters and weet Accident cases in both languages- Hindi and Enalish |S being attached herewith, ‘Your goodself is requested to cireulate this 0 the Principal Judges of the Family Courts. Further as directed, your goodself is requested (0 giv your suggestions’ modifications’ objections, if any, for improving the ‘said format latest by 31.08.18 for further needful at your end. This may be given top most priorit Member Secretary Enel: As above Standard Format of Mediation Agreement District 1, Name of the Mediation Centre: Jharkhand High Court Mediation Centre / Mediation Centre 2, Name of the Mediator/Mediators ; 1 2: 3. 3, Whether nominated by the Court _ or nominated by the Member Secretary/Secretary inthe light of referral order : 4, Ref. Of the Case : Case No. Pending in the Court. 5, Name of the Petitioner / Appellant: 6. Son of /Daughter of / Wife of 7. Resident of 8.Mobile No. 9. Email id : 10. Language in which proficient 11. Name ofthe Opposite Party/Respondent 12, Son of /Daughter of / Wife of 13, Resident of 14.Mobile No. 15. Email id 16, Language in which proficient 4 4 17 Brief detail about the order or extract of portion where by and where under the matter was referred “18. Terms and conditions of the Agreement : a. Whether written by the Parties themselves : Yes /NO b. Whether written by Mediator/Lawyer/Any boby else on dictation of the parties s.r Mediation Agreement in Matrimonial Matters Format-t | Settlement/Agreement | Date |present: _Gomplainant Xin person (hereinafter refered as wife) alongwith her father and Advocete ‘Accused ¥ (hereinafter referred as husband) in person alongwith his father and Advocate, | held joint and individual session with the parties, Negotiations held. Briefly stated, the relevant facts ofthe case as disclosed by the parties, ae that the wife and the | Husband got married on ‘according to Hindu rites and customs. Twin issues one daughter namely) and one son namely both aged about 2 years were bom from the said wedlock, Both the etdren | ae in the care and custody of wife at present. Certain matrimonial ferences have stated to be arisen between the parties, | Husband has filed a custody petition under section 25 of Guardianship and Wards Act, 1890 titled as Vs. pending in Court of Ms. ‘The wife has filed a Petition u/s 12D.V. Act titled as Vs. . pending in Court of Ms. The wife has also filed a criminal complaint vide FIR No. __, Us 498A/406/34 IPC, PS. at and) , Anticipatory Ball Application is pending in the court of Ms. [the same has been referred for mediation. ‘ter negotiations, the wife and the husband have agreed to sete their disputes as follows: | {tis agreed thatthe wife end Husband shall dissolve ther marrage by decree of divorce by mutual consent without leveling allegations and counter-allegations against each other in accordance with law. 2) Its agreed thatthe husband shall pay Rs__{in words) to the wife towards ney all legal enilements pas, present and fature arising out of the mariage which shal include Fermanent alimony, maintenance, Istidhan, Maintenance of both te children til thelr age of | majority 2s per law and all other miscellaneous and legal expenses. 2)It's agreed thatthe wie end the husband shal inate appropriate legal proceedings before ie court of competent jurisdiction at _ Courts for recording of First Motion on or before itis further agreed that at the time of recording of First Motion, | Rs, {in words) in cash/DD shall be paid by the husband to the wife before the said court {itis agreed that husband and wie shal inate appromite legal proceedings for recording ‘of Second Motion before the court of ‘competent jurisdiction at Courts within Stpulted period in accordance with law. itis further agreed that at the ime of recording of Second Motion, Rs. {in words) in cashiDD shall be paid by the husband to the | wife before the said court B)itis agreed thatthe husband shal inate appropriate legal proceedings for quashing of FR bearing no. Suis 4984/408/34 IPC, PS. _____and all other | consequential proceedings arising ut of the seid FIR within 15 days after the dissolution of marriage and a that time the husband shell pay the balance amount out of Rs {in words) by way of Demand OrafCash tothe wife. Ii further agreed that wife shall co ‘operate in legal proceedings initiated for quashing of FIR and. all other proceedings arising out of FIR no, bit is agreed that the wife shall have permanent custody of both the chien namely meee and. The husband shall be enfited for vitaion rights in respect of both the children namely and and for which the husband shall meet them four times in a calendar year by giving one week prior information to the wife at @ Convenient place inthe presence of wife or any elderly person ofthe family atleast fora period of to hours. Itis further agreed between the parties that for the purpose of communication between the parties the wife and husband shall be contacting through email or any other mode of communication. The email ID of husband is and the email | ID of wife is itis further agreed, if there is any change in the | residential address or contact number of either of the party, the same shall be communicated to the respective party within 3 days ofthat change. | 7) Its agreed that will cooperate in geting the car bearing no. to be transferredsale either in the name of ‘rin any other ‘name with visitation to the concerned authorities at ‘The expenses shall be | borne by both parties in equal proportion | 8)It is agreed that will issue NOC to get the joint loan application | be converted in the name of ‘There shall be no claim in respect of the property by _ = 9)It is also agreed that shall not oppose the grant of anticipatory bail of the accused ‘and shall not create any hindrance in case | goes abroad either for his job assignment or for any other personal reason. {0)tis agreed that in view of the present settlement, the wife shall withdraw the present | peltion us 12 of DV. Act tiled es ____ Vs. ____ ‘pending in Court of. | | cee Sard the husband shall withdraw the cusiody pebton under sec 25 of Guardianship and Wards Act, 1925 tiled as Vs. - pending in Court of, "on their respective dates of hearing | 41)The wife and the husband with the assistance oftheir respective counsels shall cooperate in the execution ofthe terms and conditions ofthis settement. 12)tis settled that after compliance of the terms ofthe present settlement, there shall remain no dispute due between the parties arising out of the said mariage ‘and that none of the parties shall fle any civ or chminal proceedings against each ch in future and that if any | bther caselpetition/eomplaint eto. between the parties is pending in any Court or Authority, the game shal be withdrawn/got disposed of by the respective party 13)The pares have seed ther dispute out of thei own fee wil, without any fear, force, coercion or undue influence from any sie. | | Complainant | Accused | | | \ | | |FalherRetatve of the complainant | Father! Relative of the accused | | | | ||Advocate. |atvoat ‘The contents of the setiement have been explained to the pares in vernacular and they rave| | understood the same and have admitted the same fo be correct. | Setlement proceedings be sent to the referral courts, Parties to appear before the Referral court of| on its next date of hearing i. Copy of setement be given to both the partes. Copy of he setlement be aso sent to the concemed |coursincomected case | Mediation Agreement in Matrimonial Matters Format-2 SettlementiAgreement (Date Present: _X, complainant (hereinafter refered as wife) alongwith brother Y, Respondent (hereinafter refered as husband) alongwith father and Advocate | held one joint session wit the partes. Negotiations held Briefly stated, the relevant facts of the case as csclosed by the parts, ae that the wife andthe | Husband got marred on according o Hindu tes and customs. No issue was born out ofthe said wedlock, Certain matrimonial differences have stated to be arisen between the parties. ‘The wife has filed @ Petition uls 12 of DLV. Act tiled as X Vs. Y, pending in Court of ‘and the same has been referred for mediation | ‘The wife has also filed a Petition bearing no. titled as X Vis Y us 125 CrP.C. pending before the Hon'ble Court Which is pending for ‘ter negotiations, the wife and the husband have agreed to settle their disputes as follows: 4)itis agreed thatthe wife and Husband shall dissolve thelr marriage by decree of divorce by mutual consent without leveling allegations and counter-allegations against each other in accordance with law. 2)Itis agreed that the husband shall pay Rs. (in words) to the wife towards her all legal enitlements past, present and future arising out of the mariage wiich shall include permanent alimony, maintenance, and all ther miscellaneous and legal expenses 2)Itis agreed thatthe wife and the husband shall inate appropriate legal proceedings before the court of competent jurisdiction at_for recording of First Motion on or itis further agreed that atthe time of recording of First Motion, the (in words) in cash/DD in the name of wif. {)lt is agreed that husband and wife shal inate appropriate legal proceedings for recording ‘of Second Motion before the court of competent jurisdiction at within Siulated period in accordance with law. Itis further agreed that a the time of recording of | ‘second Motion, the husband shall pay Rs. {in words) in cash/DD to the wife. B)it is agreed that in case wife commits default for recording of second motion, in Wat eventuality, she willbe lable to refund back Rs. | as to be received by her at the time of recording of statements in fst motion. Itis futher agreed that incase, the husband ‘commits default in recording of statement in Second Motion, in that eventually, the wife shall be entitled to retain Rs..... J- 80 received by her at the time of recording of first motion. 6) Itis agreed that in view ofthe present settement, the wife shall witharaw the present case fom the referal court as well as the connected case pending in the court of se ater recording of Second Motion and til then wife should not prosecute or Zenlinve with the tral of present case referred for mediation. However, in case of default as mentioned hereinabove, the wife shall be at iberty to continue with the tral of case refered for mediation, The wife and the husband with the assistance oftheir respective counsels shall cooperate in the execution of the terms and conditions ofthis settlement. Bits settled that after compliance ofthe terms ofthe present setlement, there shall remain no dispute due between the parties arising out of the said marriage and that none of the pares shall fle any civil or criminal proceedings against eachother in future and that it any Ether caselpettton/complaint etc. between the patis is pending in any Court or Authority, the ‘same shall be withdrawn/got disposed of by the respective party. 9)The parties have settled their dispute out of their own fee wil, without any fear, force, ‘coercion or undue influence from any side, [eet f )Respondent |Faterelave of the Complainant FatherfRelative of the Respondent | Advocate The contenis of the setiement have been explained to the parties in vernacular and they have understood the same and have admitted the same to be correct. | ‘Settement proceedings be sent tothe referral court. Parties to appear before the referral Court on the next date of hearing i.e. {for further direction. Copy of settlement be given to both the parties. Copy, |of the settlement be also sent to the concemed courts in ‘connected case. | 7 (Signature of Mediator) Se SS oe ‘Mediation Agreement in Matrimonial Matters Format: 3 Settlement/Agreement (Date: | | ‘Present: Petitioner in person(hereinafer referred as “wife”) | | alongwith Advocate, Respondent ___ (hereinafter refered as “husbani in| | person alongwith Advocate. | held joint session and single session with the parts, | Negotiations he'd, | Briefly stated, the relevant facts of the case 28 disclosed by the parties, are that the wife and) | the Husband got married on according to Hindu rites and customs. No issue was born out of the said wedlock. The matrimonial dispute has been arisen between the parties, as @ result of which the wife jand the husband initiated legal proceedings against each other, The petitioner wife has filed a petition ws 125 CrP. beating no. titled 2s Vs. ‘ihich is pending in the court of \ esis being refered for mediation. The wile has aso iiiated criminal proceedings vide FIR |No. tls 498/406/34 IPC at P.S. ‘and after completion of investigation, the tral | jis pending before the court ‘of concerned Judicial Magistrate, “The husband has also filed a petition for grant of divorce tiled as Vs. ‘which is now pending in the court of Sh. ] pet | | | | After negotiations, the wife and the husband have agreed fo settle their disputes as follows: | 4)it ig agreed that the wife and Husband shall dissolve thelr mariage by decree of | ivoree by mutual consent without leveling allegations and counterallegaions against each other in accordance with law. ayitis agreed thatthe husband shall pay RS... 1 (RUPEES on Only) to | | the wife towards het all lagal entitlements past, present and future arising out of the | marriage with husband which shall intude permanent alimony, maintenance, arrear of traintenance, Istridhan and al other miscellaneous and legal expenses. | gts agreed that the wife and the husband shall initiate appropriate legal proceedings | before the court of competent jurisdiction at for recording of First Motion on or before itis further agreed that atthe time of recording of First Motion the husband shall pay Rs. (in words) by way of Demand Draftin the name of wife. 4) ig agreed that husband and wife shall initiate appropriate legal proceedings for recording of Second Motion before the court of competent jurisdiction at in accordance with law. It is further agreed that at the time of recording of second motion and dissolution of marriage by decree of divorce by mutual consent, the husband shall pay Rs. {in words) to the wife by way of Demand Draftin the name of wife 5)t is agreed that the wife and the husband shell joint iniiate appropriate legal proceedings for quashing of FIR bearing no. uls 498A/406/34 IPC P.S. ‘and at that time the husband shall pay Rs. (in words) by way of Demand Draft in the name of wife 6)It is agreed that the wife and the husband shall withdraw their respective cases @s mentioned hereinabove immediately after the dissolution of marriage by decree of divorce by mutual consent. 7)The wife and the husband with the assistance of their respective counsels shal cooperate in the execution of the terms and conditions ofthis settlement. Blt is sete that after compliance of the terms ofthe present settlement, there shall remain no dispute due between the parties arising out of the said marriage and that none of the parties shall fle any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties is pending in any Court or Authority, the same shall be withdrawnigot disposed of by the respective party. 9)The parties have settled their dispute out of their own free will, without any fear, force, coercion or undue influence from any side. |Pettioner Respondent I feepesreet of Petitioner | Father/Relative of Respondent | | | | | Advocate Advocate. [ | The contents of the settlement have been explained to the parties in vernacular and they have | understood the same and have admitted the same to be correct. Settlement proceedings be sent to the referral court. Parties to appear before the ae concemed for further directions. Copy of settlement be given to both the parties, | "(Signature of the Mediator) | Mediation Agreement in Motor Accident Cases Format-1 Settlement / Agreement | |Present: __XYZ, petitioner in person alongwith Sh. , ‘Advocate for the petitioner) no. 1&2 and Sh. , Advocate — for petitioner no. 3 &4. Sh. ‘Advocate for the Respondent No.3/The National Insurance | |Company Lid. | held single as well as joint session with the parties. Negotiations held. | Brief facts of the present case as disclosed by the parties are that on DATEat about TIMEa.m.) aPLACE, Respondent no. 1 was driving a vehicle bearing no, and hit against which caused fatal injuries to him. The petitioner fled the present claim case which is pending Jin the court of Sh. the same is referred for mediation 1 ~ [ The concemed parties, After deliberation have agreed to settle the present case on the) following terms and conditions: 1)lt is mutually settled between the parties that Respondent No.3shall pay Rs. (in words) to the petitioners by way of Cheque before the Referral Court within 30 days from today towards full and final settlement of the present claim case, 2)That, it is settled that after receipt/payment of the total settled amount, there shall remain no case/claim/dispute due between the petitioners and Respondent No.3 in the present claim case and that none of the parties shall file any other case/claim against each other in future qua the present claim case. 3)That, the parties have entered into the present settlementlagreement out of their ‘own free will, without any fear, coercion or undue influence from any side | "Advocate for the Respondent No.3 petitioner Advocate for petitioner no, 1 &2 || Advocate |r pation na. a. a4 The contents of the settlement have been explained to the parties in vernacular and they have understood the same and have admitted the same to be correct. Settlement proceedings be sent to Ld. Court concemed. Parties to appear before Court concerned on, for further directions. Copy of this settlement be given to each ofthe parties, (Signature of the Mediator), [ —iediation Agreement in Motor Accident Cases Format-2 | held one joint session with the parties. Brief facts ofthe present cases as disclosed by the partes are that a FIR bearing no. , ul 779/338 IPC got registered in PS. ___on the allgaton tat the accusedi driver while driving the vehicle bearing no. ‘on DATE@at TIMEat PLACEcaused injuries to XYZ. | ‘The concemed 1.0, after investigation had fled a DAR tited as XYZ Vs. ABC bearing suit No. which is pending in the court of Sh "and the same is being referred for mediation. ‘ter negotiation, the the concemed parties have agreed to sete ther disputes as folows ‘tis agreed that the respondent no. Driver and Respondent na owner shall inly Pay Rs. {in words) in cash to the injured XYZ as full and final compensation on account of injures received by him due to the above mentioned accident and the Compensation shall include medical expenses, compensation on aocount of mental pain and ‘agony, diet and conveyance charges and all other miscellaneous and logal expenses._ is further agreed that out ofthe total settled amount of the respondent no. 1/Driver | and Respondent no. 2/owner shall pay Rs. on to the injured | before the court of Sh » Judge MACT, Courts and Rs. before the court of Sh. on at the {ine ofthe compounding of the ofence punishable us 338 PC. 2) is agreed between that after the receiptpayment of the total seed amount of Rs. there shall remain no caselclaimidispute due between pettoner and Respondenis and that none of them shal fle any other caseclaim against each other in fure qua the present cia case and criminal case and It is further agreed that Respondent | to tiDriver shall initiate appropriate legal proceedings for compounding of FIR bearing no, ___ uls 279/338 IPC P'S. and in the said proceedings, the injured XY2 shall cooperate with the respondent no. V/driver. 3)The partes have satled their dispute out of their own free wil, without any fear, force, coercion or undue influence from any side. |Petitioner Respondent no, 1/Driver “and Respondent no. 2ower of the vehicle l lense for the petitioner ‘Advocate for the Respondent, == — ‘The contents of the settlement have been explained to the parties in vemacular and they have understood the ‘same and have admitted the same to be correct. | Settlement proceedings be sent to the referral court as well as in the concemed court. Parties to’ ‘appear before the referral court on for further directions (Signature of the Mediator) Mediation Agreement in Motor Accident Cases | Format-3 | | Settlement/Agreement Present: Injured in person, ‘Accused/driver in person, | held one joint session with the parties, Brief facts of the present case as disclosed by the parties are that on DATEat about TIMEat PLACEeccused Was driving a vehicle/Truck bearing No.__and caused grievous injuries | to____. The accused was booked for the offences U/s.279/338 IPC. vide FIR bearing no. at PS a The trial is pending before the court of Sh. . and the same is being referred for’ mediation. l | After negotiations, partes have agreed to sete ther clsputes on the following terms and conditions: | ‘)injured has agreed to compound the offence us 338 IPC with the accusedidriver | tor which the accusedidiver —___— shall pay Rs,_—(in words) tothe injured in cash before the referral court on. | | Dyk is agreed that, after the reoeipvpayment of the foal settled amount, appropriate proceedings shall be iniated before the Cour contemed for compounding the oflence | ls 338 IFC between the parts. | | ayThe pares have setled their dispute out oftheir own fee wil without any fear, force, | | ‘coercion of undue influence from any side. | Injured |ponusedaiver ) | \ | | | | The contents of the settlement have been ‘explained to the partes in vemacular ‘and they have understood the | | same and have adied the same tobe comect | setlement proceedings be sent tothe refer cour, Parties to appear before the Court concemed | jon for further dreotions. | | Copy of settlement be given to both the partes. | | (Signature of the Mediator) “Standard Format of the Mediation Agreement in NLAct Matters | | Format - + SettlementAgrooment |Present: Complainant in persons alongwith Sh, ___. Advocate | Accused in person alongwith Sh. ~ Advocate | One joint session is held with the parties. Briefly stated, the relevant facts of the case as disclosed by the parties are that the acoused | “issued cheques total amounting to Rs. in favour of complainant which on presentation got |dshonoured. s eheatter, he complainant have fled 3 complains wls 138 NI Act detailed hereinabove ‘which are pending in the court of _ and the same are referred for mediation. | Afternegotialions, the concemed partes have agreed to sete their all disputes as under : | 4)it is agreed that the accused shall pay Rs. (in words) by way of DovCash to the complainant towards fll and final satisfaction ofthe ‘cheque amount, outstanding dues including Principal amount, interest thereon, legal and | | miscellaneous expenses. 2) is agreed that the total settled amount of Rs shall be payable in | | OS SS equal monthly instalments of Rs._____ each which shall be payable GAher bate he referral cout of direct tothe complainant against proper recelPt on ‘or before 20'day of each English Calender Month commencing from gyi is egreed that ater the receiptpayment of the entre settled amount, the complainant shall withdraw the present complaints as mentioned hereinabove from the | referral court 4)it is agreed that in case of three defaults, the complainant shall be entitled to | | continue withthe trial of the present cases and the amount paid So far by the accused shall be forfeited by the complainant. | 4)it is setled that after the receiptpayment of the total settled amount, there shall or inno dispute between the partes and that none ofthe partes shal fle any civilor Teminal proceedings against each oter in future arising out ofthe present cases, 6)Both the parties have settled their dispute out of their own free will, without any fear, force, coercion or undue influence from any side. sm |romtran accused | | pa for the complainant Advocate for the accused The contents of the settlement have been explained to the parties in | _vemacular and they have understood the same and have affirmed the same to be correct Settlement proceedings be sent to the Referral Court. The parties to appear before the referral Court on the next date of hearing i for further directions. Copy of settlement be given |to both the parties. (Signature of the Mediator) | ie 1 2. 2. 3 3 Signature of the Petitioner/First Party Signature of the O.P./Second Party Date : Date : {identity that Petiionerpetiioners named above fy that ©.P/0.Ps names above puthisher signature put ister signa in my presence In my presence. Sign ofl Adv, with date Sign of Adv with date Signature of Mediator/Mediators 1 3 Certificate by the mediator/ mediators : Certified that pursuant to the Mediation proceeding, the parties came to the settlement themselves on their ‘own freewill and the dispute stands resolved in terms of the agreement written her ibave. This Mediation agrcement was read over and explained to the Parties by me to which they admitted the same to be true and correct . A copy of the agreements being given to them free of cost forthwith Signature of the Mediator/Mediators Date Standard Format of the Mediation ‘Agreement in N.LAct Matters Format-2 Settlement/Agreement Present: ‘Complainant in persons alongwith Sh. , Advocate, ‘Accused in person alongwith Sh. : Advocate. Single as well as joint session is held with the parties. Briefly stated, the relevant facts of the case as disclosed by the parties are that the accused issued cheques total amounting 10 RS: in favour of complainant which on presentation got dishonoured. Thereafter, the complainant have fied instant complaint ws 138 NIAct Ure detalled hereinabove which is pending in the court of | and the same is referred for mediation. Aer negotiations, the concerned partes have agreed 10 settle their all disputes as under 1)Accused is agree to | pay Rs. {in words) to Complainant 2yt is agreed that the total settled amount of Rs. shall be payable in equal monthly instalments of RS. each . Complainant shall issve ... cheques of the amount rupees ...each. 3)it is agreed that the instant Complaint Case will stand disposd of on the basis of this compromise. 4yit is agreed that in case of Cheques being again dishonoured , the Complainant shall be at liberty to file execution case for realisation of the dues mount The Complainant may fle any other appropriate case. g)it is settled that after the receipt/payment of the total settled amount, there Shall remain no dispute between the parties 6)Both the parties have settled their dispute out of their own free will, without any fear, force, coercion of undue influence from any side. complainant accused ‘Advocate for the complainant ‘Advocate for the accused The contents of the settlement have been explained to the parties in vernacular and they have understood the same and have affirmed the same to be correct. Settlement proceedings be sent to the Referral Court. The parties to appear before the referral Court on the next date of hearing i.e. for further directions. Copy of settlement be given to both the parties. 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