Union of India Vs. M/S. Premier Engineering Syndicate and ors.

Union of India vs M/S. Premier Engineering Syndicate and ors.

Type Court Judgment Court Kolkata Decided Mar 11, 2014

~2 min read

https://sooperkanoon.com/case/1133138

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1133138
Court: Kolkata High Court
Judge: Soumen Sen
Decided On: Mar 11, 2014
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Union of India

Respondent

M/S. Premier Engineering Syndicate and ors.

Excerpt

.....the member secretary, high court mediation centre with a server copy of this order so that a mediator can be 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 centre. the member secretary shall immediately take steps for appointment of a mediator who is requested to enter reference in terms of this order within a week from the date of communication of the order. the learned mediator is requested to conclude the proceeding preferably within a period of 12 weeks from the date of entering reference. the learned mediator in consultation with the parties shall fix the remuneration. the costs, charges and expenses of the mediation shall be borne by the parties equally. the suit is adjourned for 16 weeks when the mediator is requested to file the report. it is expected that the parties would cooperate with the learned mediator to arrive at a settlement in terms of this order. member secretary, high court mediation centre, the mediator and all parties are act on a server copy of this order on the usual undertakings. (soumen sen, j.) s. kumar a.r.(c.r)

Full Judgment

ORDER

CS No.282 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction UNION OF INDIA Versus M/S.PREMIER ENGINEERING SYNDICATE & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 11th March 2014.

Appearance: Mr.P.S.

Bose, Senior Advocate ...for the plaintiff.

Mr.Somraj Mukherjee, Advocate Mr.Swarajit Dey, Advocate Mr.Indradeep Basu, Advocate ...for the defendants.

COURT: The dispute in the suit appears to be an excess amount received by the defendants from the plaintiff in terms of the award made and published on 2nd September 1996.

was made rule of court on 8th July 1998.

that the plaintiff had paid to the The said award The plaintiff alleged defendants a sum of Rs.1,85,14,117/- in excess of what the defendants would have received under the award.

Considering the nature of the dispute and after hearing the learned counsel for the parties, in my view, the parties should be referred to mediation in order to enable them to arrive at a settlement.

mediation.

Accordingly, the dispute in the suit is referred to The parties are directed to approach the Member Secretary, High Court Mediation Centre with a server copy of this order so that a mediator can be 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 Centre.

The Member Secretary shall immediately take steps for appointment of a Mediator who is requested to enter reference in terms of this order within a week from the date of communication of the order.

The Learned Mediator is requested to conclude the proceeding preferably within a period of 12 weeks from the date of entering reference.

The learned Mediator in consultation with the parties shall fix the remuneration.

The costs, charges and expenses of the mediation shall be borne by the parties equally.

The Suit is adjourned for 16 weeks when the Mediator is requested to file the report.

It is expected that the parties would cooperate with the Learned Mediator to arrive at a settlement in terms of this order.

Member Secretary, High Court Mediation Centre, the Mediator and all parties are act on a server copy of this order on the usual undertakings.

(SOUMEN SEN, J.) S.

Kumar A.R.(C.R)

Same Court & Year Kolkata · 2014 Same Parties Union of India vs M/S. Premier Engineering Syndicate and ors. Same Subject MRTP Same Judge Soumen Sen