Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 25190 of 2016 Petitioner :- Vishal Kanodia And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharm Prakash Mishra Counsel for Respondent :- G.A.,Sarvesh
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Order on the Criminal Misc. Application
Heard learned counsel for the petitioners on the application dated 30.03.2018. The prayer made in the application is to the effect that direction may be issued to the Mediation and Conciliation Centre, High Court Allahabad to refund the amount of Rs. 95,000/- to the petitioners which was deposited in pursuance of the earlier order dated 15.12.2016 passed by another Bench of this Court.
We have heard counsel for the petitioners and have already perused the report of the Mediation and Conciliation Centre which shows that only the applicant was present and the respondent did not appear before the Medication and Conciliation Centre even though as many as 4 dates were fixed by the Mediation Centre.
The contention is that after the money was deposited before the Mediation Centre, the matter was listed before another Bench of this Court and on the basis of the fact that after investigation the police has filed charge sheet, the writ petition was dismissed vide order dated 16.11.2017. However, there was no direction in the said order with regard to refund of money.
In pursuance of the order passed in the present writ petition as the respondent did not appear before the Mediation Centre, accordingly, the petitioners are entitled to get refund of Rs. 95,000/-.
It has further been informed that subsequent to the rejection of the earlier writ petition in view of the fact that charge sheet has been filed, a fresh Application under Section 482 No. 7740 of 2018 was filed in which the matter has again been referred to the Mediation Centre vide order dated 13.03.2018 and in compliance of order dated 13.03.2018, the applicant/petitioner has deposited Rs. 15,000/- before Mediation Centre and it has further been informed that the mediation is going on before the Mediation Centre.
However, looking to the fact that in pursuance of the earlier order, the petitioner has already deposited Rs. 1,00,000/- out of which Rs. 95,000/- was to be paid to the wife in compliance of order passed by the another Bench of this Court is still lying with the Mediation Centre.
It is directed that the amount of Rs. 95,000/- deposited before the Mediation and Conciliation Centre, High Court Allahabad shall be refunded by means of a demand draft in favour of petitioner no. 1 Vishal Kanodia within a period of two weeks from the date of production of certified copy of this order before the Mediation and Conciliation Centre, High Court of Allahabad.
The application accordingly stands disposed of.
Order Date :- 31.8.2018 Ram Chander