FA 174 of 2022
Item-4. CAN 1 of 2021
28-09-2022
Dhriti Mohan Paul
sg Versus
Ct. 8 Sutapa Paul
Mr. Uday Sankar Chatterjee, Adv.
Mr. Suman Sankar Chatterjee, Adv.
...for the appellant
Mr. Biswajit De, Adv.
Ms. Rajlakshmi Ghatak, Adv.
...for the respondent
Affidavit of service filed in Court is taken on record. Let Lower Court's record be called for through special messenger by 11th November, 2022. The appellant shall pay the special messenger costs by 30th September, 2022.
After arrival of the Lower Court's Record, the office shall examine the same and shall issue notice of arrival of Lower Court's Record on the learned Advocate for the appellant at once.
The appellant is directed to prepare and file requisite number of informal paper books - printed, typewritten or cyclostyled, as the case may be, out of court, within four weeks from the date of service of notice of arrival of Lower Court's Records and shall include all the documents which form part of the record and reflected in the judgment impugned in the instant appeal, upon prior service of two copies of the paper book to the learned counsel for the respondent.
Since the respondent is represented, the service of notice of appeal upon the respondent is waived by Ms. Rajlakshmi Ghatak, learned Counsel for the respondent, who undertakes to file vakalatnama in the department in course of the day. 2 The appeal shall be listed in the combined monthly list of January, 2023 for hearing.
In view of the nature of the dispute between the parties, we send the parties to mediation.
Accordingly, we appoint Mr. Arijit Sarkar, learned Advocate as Mediator.
The learned Counsel for the parties have assured us that they would render all assistance to the learned Mediator in bringing about a settlement of their existing disputes in course of mediation.
The parties shall abide by the directions passed by the learned Mediator.
The parties are also directed to be present as and when they are directed by the learned Mediator.
The appeal shall be listed in the monthly combined list of January, 2023.
The learned Mediator is requested to conclude the proceeding on or before 19th December, 2022 and file a report on or before the adjourned date in the event the parties arrive at a settlement.
Liberty is given to the learned Counsel for the parties to mention this appeal for disposal in the event the settlement is arrived at in course of mediation in the meantime.
This order shall immediately be communicated to the Member Secretary, Mediation and Conciliation Committee, High Court, Calcutta to take immediate steps in this matter.
The Member Secretary, Mediation and Conciliation Committee, High Court, Calcutta is directed to ensure that the 3 report of the learned Mediator is forwarded to the department concerned after conclusion of the mediation proceeding.
CAN 1 of 2022 is accordingly, disposed of.
(Uday Kumar, J.) (Soumen Sen, J.)