Vivek Kumar Srivastava, and Another. Vs. State of U.P. and Others. - Court Judgment

Excerpt:

.....take up the interlocutory application for injunction and pass orders on merits and in accordance with law expeditiously. order 43 rule 1 says that: an appeal shall lie from the following orders under the provisions of section 104 namely. an order under rule 1, rule 2, rule 2a, rule 4 or rule 10 of order 39. the choice is for the party affected by the order either to move the appellate court or to approach the same court which passed the ex parte order for any relief. learned senior counsel for the respondents then contended that an order granting injunction without complying with the requisites envisaged in rule 3 of order 39 be void. learned single judge stated that the trial court ought not to have granted ex parte injunction beyond thirty days to be in force. the aforesaid rule casts a three-pronged protection to the party against whom the ex parte injunction order was passed. second is the legal obligation that if for any valid reasons the court could not finally dispose of the application within the aforesaid time the court has to record the reasons thereof in writing......the mediation centre.4. the matter is remitted to the mediation centre with the direction that the same may be decided after giving notices to both the parties.5. it is directed that the mediation centre shall decide the matter expeditiously preferably within a period of three months. thereafter the case shall be listed before the appropriate bench on 01.11.2010.6. till the next date of listing, further proceedings of case no. 649 of 2006 (brijendra & others v. vivek kumar srivastava & others), under section 138 of negotiable instrument act, p.s. - colonelganj, district-allahabad, shall be kept in abeyance.7. after depositing the amount, aforesaid, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

Judgment:

1. Heard learned counsel for the applicants and learned A.G.A. for the State respondent.

2. It is contended by the learned counsel for the applicants that the present matter can be well considered by the Mediation Centre of this Court. It is further contended that the applicants are ready to pay the amount due to opposite party no. 2; therefore, the matter may be referred to the Mediation Centre to re-conciliate between the parties.

3. It is directed that the applicants shall deposit a sum of Rs. 10,000/- within two weeks from today with the Mediation Centre of which 50% shall be paid to the opposite party no.2 for appearance before the Mediation Centre.

4. The matter is remitted to the Mediation Centre with the direction that the same may be decided after giving notices to both the parties.

5. It is directed that the Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before the appropriate Bench on 01.11.2010.

6. Till the next date of listing, further proceedings of case no. 649 of 2006 (Brijendra & others v. Vivek Kumar Srivastava & others), under Section 138 of Negotiable Instrument Act, P.S. - Colonelganj, District-Allahabad, shall be kept in abeyance.

7. After depositing the amount, aforesaid, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.