Anindita Dutta Majumdar vs Santanu Ranjan Dutta
2022 Latest Caselaw 1637 Cal

                                                 FA 21 of 2022
Item-71                                          CAN 1 of 2022
          29-03-2022

  sg
            Ct. 8
                                           Anindita Dutta Majumdar
                                                    Versus
                                            Santanu Ranjan Dutta

                                           (Through Video Conference)


                                Mr. Indrajeet Dasgupta, Adv.
                                Ms. Puspita Bhowmick, Adv.
                                Ms. Rima Biswas, Adv.
                                                               ...for the appellant

                                Mr. Monishankar Chattopadhyay, Adv.
                                                          ...for the respondent

We direct the department to call for LCR within a period

of three weeks from date by special messenger.

The appellant is directed to deposit the special messenger

costs to bring the Lower Court records within ten days from

date, failing which the appeal shall be put up for final order.

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

Record on the learned Advocate for the appellant.

All formalities regarding preparation of paper books are

dispensed with, but the learned Advocate for the appellant is

directed to incorporate all the Trial Court papers in the informal

paper books.

The service of notice of appeal upon the respondent is

waived by Mr. Monishankar Chattopadhyay, Advocate for the

respondent.

In view of the nature of the dispute between the parties, we

are of the opinion that the matter can be properly dealt with if

the parties are referred to mediation, as there are elements of

settlement that can be explored in mediation.

Accordingly, we appoint Hon'ble Justice Tapas

Mookherjee (Retired) as Mediator.

The learned Counsel for the parties have assured this Court

that all attempts shall be made to arrive at a settlement during the

course of mediation and shall render all assistance to the learned

Mediator to bring about a settlement and put an end to this

litigation.

The matter stands adjourned for nine weeks.

The learned Mediator is requested to file a report on or

before the adjourned date in the event the parties arrive at a

settlement prior to the adjourned date.

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 impugned judgment and decree dated 15th November,

2021 passed by the learned Additional District Judge, 1 st Court,

Alipore, South 24 Parganas shall remain stayed till the disposal

of the appeal.

Since no affidavit-in-opposition has been filed, allegations

made are deemed to have been denied.

CAN 1 of 2022 is accordingly, disposed of.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)