Citation : 2026 Latest Caselaw 2060 Cal/2
Judgement Date : 19 March, 2026
OCD-29
In The High Court at Calcutta
[Commercial Division]
Original Side
IA NO. GA-COM/1/2024
In
CS-COM/827/2024
DEVESH SONTHALIA AND ANR
Vs
EVERSUB INDIA PVT LTD AND ORS
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date :19th March, 2026
Appearance:
Mr. Suman Kr. Dutt, Sr. Adv.
Mr. Mohit Gupta, Adv.
Mr. A.P. Agarwalla, Adv.
...for the plaintiffs
Mr. Vipul Kundalia, Sr. Adv.
Mr. Rajesh Bharadwaj, Adv.
Mr. Aritra Chatterjee, Adv.
Mr. Anindya Kanan, Adv.
...for the defendant no.1
Mr. Sattik Rout, Adv.
...for the defendant no.2
The Court :- Mr. Suman Kumar Dutt, learned Senior Advocate with
Mr. Mohit Gupta, learned Advocate appears for the plaintiffs.
Mr. Vipul Kundalia, learned Senior Advocate appears for the
defendant no.1.
Mr. Sattik Rout, learned Advocate appears for the defendant no.2.
None appears for the defendant nos. 3 and 4 despite notice.
2
Considering the case made out in the plaint and the instant
injunction application filed in aid thereof and on perusal of the reliefs
claimed in the plaint as well as in this application, it appears to this Court
that it is a fit case where the parties must be sent for mediation. The parties
have also not objected to the same.
In view of the above, Mr. Abhratosh Majumdar, learned Senior
Advocate is requested to hold the mediation between the parties. The
mediation shall conclude within four months from the date of the first
sitting of the mediation.
The consolidated remuneration of Rs. 6 lakhs shall be paid to the
Mediator to be shared equally by the plaintiffs on the one hand and the
defendants on the other hand. In the event the defendant nos. 3 and 4 are
not represented then the 50% of the remuneration shall be shared by
defendant nos. 1 and 2 in equal halves.
After the mediation concludes, the Mediator shall file a report before
this Court.
The interim order already in existence till March 31, 2026 stands
extended till August 11, 2026 or until further orders, whichever is earlier.
Immediately after the mediation is over, the parties shall be at liberty
to mention the matter before the Court upon notice to each other for further
direction.
(ANIRUDDHA ROY, J.)
R.Bhar/R.D.Barua
GA-COM/1/2024
In CS-COM/827/2024
A.R., J.
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