Citation : 2023 Latest Caselaw 3183 ALL
Judgement Date : 31 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 31911 of 2018 Applicant :- Anoop Kumar Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- V.K. Baranwal Counsel for Opposite Party :- G.A.,Dhirendra Singh,Om Prakash Singh,Sudhir Bharti Hon'ble Shekhar Kumar Yadav,J.
Vide order dated 23.1.2023, the matter was referred to the Mediation Centre of this Court. The Mediation Centre of this Court has submitted its report in which the judgment of the Apex Court passed in Moti Ram (D) Thr. Lrs. & Anr. Vs. Ashok Kumar & Anr. (Civil Appeal No. 1095 of 2008) has been referred. The operative part of the said order is quoted below:-
"In this connection, we would like to state mediation proceedings in Court which are conducted openly in the public gaze. If the mediation succeeds, by both the parties to the court without mentioning what transpired during the mediation proceedings. If the mediation is unsuccessful, then the mediator should only writ one sentence in his report and send it to the Court stating that the Mediation has been unsuccessful.
Case called out. Learned counsel for the applicants is not present while learned counsel for the opposite party no. 2 is present. As per the report of AHCMCC dated 30.4.2019, both the parties appeared but the mediation completed without agreement.
Sri Dhirendara Singh, Learned counsel for the opposite party no. 2 submits that the best efforts for mediation has been made but the mediation has been failed.
In view of above, application is liable to be dismissed.
Accordingly, this application is dismissed and the interim order, if any, stands vacated.
Order Date :- 31.1.2023
A.
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