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Anil Kumar Upadhyaya And Another vs State Of U.P.And Another

High Court Of Judicature at Allahabad|17 November, 2016

JUDGMENT / ORDER

Heard the learned counsel for the applicants and the learned AGA.
The applicants have drawn the attention of the Court to the bailable warrants which have come to be issued fixing 26 November 2016. Referring to the facts of the case, it is contended that the instrument dated 2 April 2016 for a sum of Rs.11,46,000/- came to be dishonoured. It is submitted that subsequent thereto the applicants have paid a sum of Rs. 5 lacs which has been duly withdrawn and accepted by the opposite party No.2, leaving a balance of Rs.6.46 lacs.
Learned counsel for the applicants on instructions stated that in case some indulgence and liberty is granted to them, they are willing to deposit the entire amount with the Mediation and Conciliation Centre of this Court and therefore prays that some breathing time be accorded to the applicants to make the deposit in question.
Bearing in the mind the nature of the submissions so made, this Court as an interim measure passes the following directions.
The applicants shall on before 8 December 2016, deposit the entire balance amount in the shape of a Bank Draft with the Mediation and Conciliation Centre. Upon such deposit being made, the Mediation and Conciliation Centre of this Court shall issue notices to the opposite party No.2 and also make over the bank draft in question to him. The opposite party No.2 may be invited to participate in the mediation proceedings thereafter. A report in respect of the mediation shall be presented before this Court within a period of three months from today. Till the conclusion of the proceedings of mediation, this Court provides that no coercive steps shall be taken against the applicants. It is further made clear that in case the deposit as mandated above is not made, on or before the date fixed, this order of interim protection shall stand discharged without reference to Court.
Order Date :- 17.11.2016 nethra
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Title

Anil Kumar Upadhyaya And Another vs State Of U.P.And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
17 November, 2016
Judges
  • Yashwant Varma