Akash Jindal and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Akash Jindal and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions in a pending S.528 BNSS application: refund of Rs.27,000/- (out of the Rs.30,000/- mediation deposit) to applicant No.1 alone, the Mediation Centre retaining Rs.3,000/- towards process costs; notice to opposite party No.2 returnable at an early date; matter listed on 29.04.2026 with the service report, parties to exchange affidavits in the meantime.

Issue for consideration

Whether the Rs. 30,000/- deposited by the applicants before the Mediation Centre is to be returned to applicant No.1, mediation having failed owing to the non-appearance of opposite party No.2. +1 more

Court's answer

Out of the Rs. 30,000/- deposited before the Mediation Centre, the Centre shall retain Rs.3,000/- towards its mediation process and Rs.27,000/- shall be returned to applicant No.1, who is to move an appropriate application before the Mediation and Conciliation Centre for the return of the amount.

Ratio / Principle

The refund of Rs.27,000/- is clarified to be payable only to applicant No.1.

Key takeaways

Notice to issue to opposite party No.2, returnable at an early date, with steps to be taken within a week and the matter listed on 29.04.2026 along with the service report.ratio¶17

Detailed headnote1 paragraphs

Application under Section 528 BNSS (No. 21086 of 2025), High Court of Judicature at Allahabad (Chawan Prakash, J.; order dated 25.03.2026). The matter, earlier referred by order dated 6.8.2025 to the Mediation Centre of the Court, failed as per the Centre's report dated 18.11.2025 because opposite party No.2 did not appear or participate. On the applicants' contention that their deposit of Rs. 30,000/- be returned, the Court directed that the Mediation Centre shall retain Rs.3,000/- towards its mediation process and Rs.27,000/- shall be refunded, clarified to be refundable only to applicant No.1, upon his moving an appropriate application before the Mediation and Conciliation Centre. Since service was not yet effected, notice was ordered to issue to opposite party No.2, returnable at an early date, steps within a week, the matter being listed on 29.04.2026 along with the service report, with liberty to the parties to exchange affidavits in the meantime.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 21086 of 2025

Akash Jindal And 5 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pooja
Counsel for Opposite Party(s)	: G.A.

Court No. - 81

HON'BLE CHAWAN PRAKASH, J.

Learned counsel for applicants and learned AGA are present.

This Court vide order dated 6.8.2025 has referred the matter before the Mediation Centre of this Court.

As per the report of the Mediation Centre dated 18.11.2025, the mediation proceedings have failed, as opposite party No.2 did not appear and participate in the mediation proceedings.

It has been contended by the learned counsel for the applicants that though the matter was referred to the Mediation Centre but opposite party no. 2 did not appear before the mediation centre for mediation process. Hence the amount of Rs. 30,000/- deposited by them before the Mediation Centre which shall return to the applicant No.1.

This Court, vide order dated 18.01.2026, directed the Mediation Centre of this Court to refund a sum of Rs.27,000/- to the applicant. It is hereby clarified that the said amount shall be refunded only to applicant No.1.

Accordingly, it is directed that the applicant No.1 shall move appropriate application before the Mediation and Conciliation Centre for return the said amount. The Mediation Centre shall retain Rs.3,000/towards its mediation process and Rs.27,000/- shall be returned to the applicant No.1.

As per office report dated 24.3.2026 service report is awaited.

NA528 No. 21086 of 2025

2

Issue notice to the opposite party No. 2, returnable at an early date.

Steps be taken within a week.

List on 29.04.2026 along with the service report.

In the meantime, parties shall exchange their respective affidavits, if any.

(Chawan Prakash,J.)

March 25, 2026

Md Faisal

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad