Disposed

Santosh Kumar v. Smt. Santoshi and 2 Others

Allahabad HC26 Sept 2024CRLR/1194/2024

Case brief

AI extract

What is this about?

The Court referred a criminal revision matter to a mediation centre due to the possibility of settling the dispute. The revisionist was granted time to deposit fine, with a portion released to the opposite party upon first appearance.

What did the court decide?

The matter is referred to the Mediation and Conciliation Centre. Rs. 20,000/- is released to the opposite party. Mediator allotted two months to report.

Santosh Kumar vs Smt. Santoshi and 2 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL REVISION No. - 1194 of 2024

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Revisionist :- Santosh Kumar Opposite Party :- Smt. Santoshi And 2 Others Counsel for Revisionist :- Anurag Singh Counsel for Opposite Party :- Anjali Pandey,G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard Sri Anurag Singh, learned counsel for the revisionist, learned A.G.A. for the State and Ms. Anjali Pandey, learned counsel for opposite party no.2.

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Learned counsel for the revisionist has very fairly stated that due to some unavoidable circumstances, the demand draft of Rs.25,000/- could not be deposited within the stipulated period. He undertakes to deposit the same by tomorrow i.e. 25.10.2024.

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Learned counsel for revisionist as well as learned counsel for opposite party no.2 have informed the Court that they have instructions to state that there is a possibility of settlement between the parties in case the matter is refer to the Mediation Centre of this Court.

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This Court is also satisfied on the basis of perusal of the record and the submissions made before it that the nature of litigation is such that there is a possibility to resolve the matter through the process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court. The parties shall appear before the Mediation and Conciliation Center on 12.11.2024. Out of the aforesaid amount, Rs.20,000/- shall be handed over to the opposite party no.2, on her first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation Centre.

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The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation on or before the next date.

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List thereafter along with the report of mediation.

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Interim order, if any, shall continue to operate till the next date of listing.

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It is needless to mention that in case of default in depositing the amount as directed above or on nonparticipation of the revisionist in the mediation proceedings, the interim order shall stand automatically vacated without any further reference of this Court. In that eventuality, learned trial Court shall be at liberty to proceed in this matter in accordance with law.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 24.10.2024 A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

Santosh Kumar v. Smt. Santoshi and 2 Others

Case brief

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Santosh Kumar v. Smt. Santoshi and 2 Others

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