Full Judgment
ORDER
SHEET CS No.313 of 2009 GA No.2605 of 2013 With CS No.312 of 2009 GA No.2607 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAHESH KUMAR KEJRIWAL Versus RAMESH KUMAR KEJRIWAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :
5. h September, 2013.
Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Asim Kr.
Kundu, Adv.Mr.Jishnu Choudhury, Mr.Sarbapriyo Mukherjee, Mr.S.R.Kakrania, Mr.Suman Adhikary, Mr.Sanjeeb Seni, Adv.Adv.Adv.Adv.Adv.Mr.Kaushik Banerjee, Adv.Ms.Falguni Jana, Adv.The Court: This is a litigation between two brothers arising out of a family settlement.
The father is also a party to the said proceeding.
The parties have carried dispute to the Company Law Board as well as a suit has been filed by one of the parties in this Court.
The defendant is in default in complying with the order dated 4th August, 2011 little over two yeaRs.An application has been filed for condonation of delay in filing the written statement.
Considering the nature of the dispute the Court after hearing the learned Counsel for the parties is prima facie of the view that the subject matter of the suit as well as any other connected matters could be conveniently dealt with in a mediation.
The Court is prima facie satisfied that there are chances of a settlement and the learned Counsel for the parties have also agreed that the entire dispute between the parties can be referred to a mediation for settlement.
Mr.Sabhyasachi Chowdhury, learned Counsel appearing on behalf of the plaintiff, complains that the contesting defendant is purposely delaying hearing of the suit.
However, he does not oppose the prayer of Mr.Jishnu Chowdhury, the learned Counsel appearing on behalf of the plaintiff for referring the dispute to mediation for settlement.
This Court is of the view that the acrimony between the parties should be resolved and put to an end finally and the parties shall make all endeavour to reach a settlement before the mediator.
They should approach the mediator with a positive frame of mind in resolving the dispute.
The parties shall make sincere efforts to resolve the dispute.
The mediator is requested to make all endeavour to ensure that a settlement is arrived at between the parties.
The delay in filing the written statement is condoned.
The defendant is permitted to file the written statement in couRs.of tomorrow.
The cost for delay in filing the written statement is reserved till the next date of hearing when the Court shall consider the report filed by the mediator.
The discovery and inspection of documents by both the parties shall be completed on or before 7th of October, 2013.
The plaintiff shall prepare the Judge’s Brief of documents and file the same on the returnable date.
The further proceedings of the suit shall abide by the result of the mediation.
The suit is adjourned till 19th November, 2013.
The parties are directed to approach the Member Secretary, High Court Mediation Centre with a copy of this order immediately so that a mediator is appointed to resolve the dispute.
The Assistant Registrar of this Court is also directed to communicate this order to the Member Secretary, High Court Mediation Center forthwith for compliance.
The mediator is requested to enter reference and make endeavour to conclude the proceedings before the returnable date and file his report.
Leave is granted to file the vokalatnama on behalf of the proforma defendant.
Such leave is granted.
GA No.2605 of 2013 and GA No.2607 of 2013 are accordingly disposed of.
The suit is adjourned till 19th November, 2013.
Member Secretary, High Court Mediation Centre, Mediator and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) SP/