Shri Asit Kumar Mishra vs Indian Centre For Advancement Of ...
2022 Latest Caselaw 6632 Cal

03      15.9.2022                        FA 92 of 2014
                                               with
Ct-08                         CAN 2 of 2019(Old CAN No. 4283 of 2019)

                                       Shri Asit Kumar Mishra
                                                  Vs.
                             Indian Centre for Advancement of Research
ar                                  And Education (ICARE) & Ors.


                          Mr. Amitava Ghosh
                          Mr. Tapas Kumar Dey
                                     ... For the Appellant

                          Mr. Sourav Kumar Mukherjee
                          Mr. Somnath Roy
                          Mr. S.M. Hassan
                                          ... For the Respondents

Learned counsel representing the respondents has submitted with instruction that the matter may be settled through mediation as it involves reconciliation of accounts.

We find from the impugned judgment that the respondents have not produced any evidence. The appellant before the Trial Court is justified in establishing the reason for the delayed execution and completion of the work. There was no contrary evidence before the Trial Court which would justify that the reason for the extension was unreasonable and not justified by the circumstances.

We also feel that this matter which needs to be settled through mediation. We expect that the parties should not be hyper-technical in the mediation proceeding and rational approach by the parties may put an end to this litigation.

Admittedly, the appellant has completed the entire construction.

In view thereof, we appoint Mr. Debi Prosad Dey, former retired Judge of High Court, along with Mr. Raj Kumar Ghosh, engineer as Joint

Mediator.

Learned counsel appearing for the parties have assured that they would render all cooperation to the joint mediator in bringing about a settlement in course of mediation. Parties are directed to be present in the mediation proceeding, as and when required by the joint mediator.

There shall be strict compliance of the order to be passed by the joint mediator in course of mediation.

Let this matter stand adjourned till 6th December, 2022 and appear as part-heard matter.

Learned Joint Mediator is requested to submit a report on or before 6th December, 2022. Liberty to mention, if any settlement is arrived at between the parties before the adjourned date.

The observation made by us in this order shall not be influenced by the Joint Mediator. This order shall be communicated to the Member Secretary, Mediation & Conciliation Committee, High Court, Calcutta to take steps in this regard.

(Uday Kumar ,J.) (Soumen Sen, J.)