Mustak Ali vs State Of U.P. And 2 Others
2016 Latest Caselaw 6755 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 33344 of 2016
 

 
Applicant :- Mustak Ali
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Ganesh Shanker Srivastava
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Yashwant Varma, J.

Heard learned counsel for the applicant and learned A.G.A for the State.

Although this application under Section 482 challenged an order dated 16th September, 2016, directing the payment of maintenance by the applicant with effect from 18th December, 2004, learned counsel for the applicant submitted that rather than challenging the order on merits the applicant would be satisfied if some reasonable time is granted to him to effect deposit in terms of the order impugned herein and the parties be referred to the Mediation & Conciliation Center of this Court, so that an effort at conciliation may be explored.

Accordingly and in light of the statement so made, the following order is being passed as an interim measure:-

A. The applicant shall deposit the entire amount as due payable under the order dated 16th September, 2016, within a period of one month from today with the Mediation & Conciliation Centre of this Court.

B. Upon such deposit being made, the Mediation & Conciliation Center shall issue notices to the opposite party nos. 2 and 3 to participate in the process of mediation.

C. The process of conciliation shall be completed within a period of four months from today. Upon conclusion of conciliation proceedings within the period aforementioned, a report shall be drawn up and submitted for the consideration of this Court.

D. In addition to notice which shall be issued by the Mediation & Conciliation Centre in light of the aforesaid direction, the applicant shall take steps to effect service upon the opposite party nos. 2 & 3 within a period of two weeks from today.

E. In case of failure on the part of the applicant to deposit the amount as due under the order dated 16th September, 2016 within the period stated above, it shall be open to the opposite party to seek vacation of this direction without awaiting closure of the conciliation proceedings.

F. It is further provided that as and when the deposit is effected by the applicant the said sums shall be duly made over to the opposite party nos. 2 and 3 expeditiously and forthwith by the Mediation & Conciliation Center.

G. For a period of four months, no coercive steps shall be taken against the applicant on the recovery of sums issued under the order dated 16th September, 2016, passed by this Court.

Order Date :- 03.11.2016

Vinod.