OCD-13 & 14
In the High Court at Calcutta
Commercial Division
Original Side
IA NO. GA-COM/1/2025
In CS-COM/153/2025
INMAC COMPUTERS LIMITED AND ORS.
VS
SHEZAR WEB TECHNOLOGIES PRIVATE LIMITED
IA NO. GA-COM/2/2025
In CS-COM/153/2025
INMAC COMPUTERS LIMITED AND ORS.
VS
SHEZAR WEB TECHNOLOGIES PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : March 11, 2026.
Appearance:
Mr. Krishnaraj Thakkar, Sr. Adv.
Mr. Brajesh Jha, Adv.
Ms. Suravi Banerjee, Adv.
Mr. Neel Chakraborty, Adv.
Ms. Anushka Ghosh, Adv.
Mr. Rohit Hazra, Adv. ...for Applicant.
Ms. Anu Prakash, Adv. ...for Defendant.
Mr. Shashank Deo Sudhi, Adv.
Ms. Preetu Chaudhary, Adv. ...for Respondent.
The Court: Parties to the instant suit are at loggerheads.
The parties jointly submit that, the instant civil suit filed by the
plaintiffs herein and an arbitration proceeding initiated by the defendants
herein are pending. In addition, four proceedings initiated by the
defendant/defendants under Section 138 of the Negotiable Instruments
Act, 1881 are also pending before the jurisdictional criminal court.
The defendant/defendants have also initiated one criminal proceeding,
inter alia, under Sections 120B, 420, 467, 468 and 471 of Indian Penal
2
Code out of which a criminal revision initiated by plaintiff/plaintiffs is also
pending before this Hon'ble court.
After hearing the submissions made on behalf of the parties and on
perusal of the plaint in the instant suit, it appears to this Court that, the
claims and rival claims of the parties principally rest on money claim only.
This Court is of the view that, the entire claim and rival claims of the parties
can be sent for mediation. It is true that the criminal cases cannot be sent
for mediation. However, if the mediation succeeds between the parties and it
appears that the criminal cases pending between the parties are off suit and
the resultant effect of the money claims and rival claims between the parties
then the parties shall be at liberty to take steps, in accordance with law,
after the mediation concludes.
Considering the worth of the claims and rival claims of the parties,
this Court requests Justice Girish Chandra Gupta, former Chief Justice
of Calcutta High Court to hold the mediation between the parties.
The Mediator shall be paid a consolidated remuneration of Rs.20
lakhs to be shared equally by the two sets of parties, irrespective of the
result of the mediation.
It is expected that the mediation shall conclude within a period of four
months from the date of first sitting of the mediation.
The defendants undertake to pray for adjournment of the arbitration
proceeding before the learned Arbitrator till the mediation is over. The
defendants shall also pray for adjournment of the pending Section 138
cases, if any.
IA NO:GA-COM/1/2025 IN CS-COM/153/2025
IA NO:GA/2/2025 IN CS/153/2025
A.R., J.
Mr. Jha, learned Advocate appearing for the plaintiffs herein submits
that the pending criminal revision proceeding should not be affected for the
reason of mediation being held between the parties.
After considering the submissions, this Court is of the view that since
an attempt is being made for overall mediation, the plaintiffs herein shall
pray for an adjournment of the hearing before the Hon'ble Court where the
criminal revision is pending, till the mediation is over.
In the event the mediation succeeds, parties shall take steps in
accordance with law in all the pending proceedings.
In the event the mediation fails, all the proceedings shall be resumed.
After the mediation is over, the parties shall be at liberty to mention
before this Court as also before the learned Arbitrator and before the
Hon'ble Court where the criminal revision is pending and other
jurisdictional criminal court where Section 138 proceedings are pending,
upon notice to each other.
The parties shall forthwith serve a copy of today's order upon the
learned Mediator.
The interim order in this suit last extended on January 29, 2026,
stands further extended for next six months or until further order,
whichever is earlier.
(ANIRUDDHA ROY, J.)
pkd/nm
IA NO:GA-COM/1/2025 IN CS-COM/153/2025
IA NO:GA/2/2025 IN CS/153/2025
A.R., J.
