Sg vs Ct. 8 Sutapa Paul
2022 Latest Caselaw 7135 Cal

                                                 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.

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

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.)