Court No. - 48
Case :- APPLICATION U/S 482 No. - 10026 of 2018 Applicant :- Varsha Varshney Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard applicant's counsel as well as learned A.G.A. and perused the record.
Applicant's counsel has submitted that the applicant is having all bonafide intentions to settle the matter amicably with the opposite party and in this regard desires to enter the process of mediation. Counsel has expressed full hope that through process of mediation the applicant shall succeed to ameliorate all grievances of the opposite party.
The Court is satisfied on the basis of record and the submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and an attempt ought to be made to explore that possibility.
Accordingly, the matter is being referred to the Mediation Centre. The applicant will deposit Rs.20,000/- within 30 days at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same Rs.15,000/- will be paid to Opposite Party No.2 for subsistence and to meet out the expenses. The mediator is allowed three 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.
List this case before the appropriate Bench along with report of the mediator immediately after three months.
Till the next date of listing, no coercive steps shall be taken against the applicant namely Varsha Varshney in Complaint Case No.2591 of 2017 (1436/2017), under Section -138 of the Negotiable Instrument Act, Police Station -Quarshi, District -Aligarh, pending in the court of A.C.J.M., Court No.08, Aligarh.
It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.
Order Date :- 28.3.2018 M. Kumar