WPMS/1372/2023
2023 Latest Caselaw 1791 UK

WPMS No.1372 of 2023
Hon'ble Ravindra Maithani, J.

Mr. M.C. Pant, Advocate for the petitioner.

Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State.

Mr. Ajay Joshi, Advocate holding brief of Mr. D.C.S. Rawat, Advocate for the Caveator/respondent no.2.

Mr. Pankaj Raturi, Advocate for respondent no.3.

On the last date, the Court was in the process of dictating judgment, when possibility was raised that perhaps the parties may settle the dispute amicably. The dispute has been summarized in the Court's order dated 12.06.2023 as follows:-

"It is a dispute with regard to the school, which was established by the father of the petitioner and the respondent no.3 namely, Hansram Maithani. He constituted a society which was registered. The byelaws were made. The founder member Hans Ram Naithani was lifetime Manager of the society. After his death, the dispute arose. Both of his sons, the petitioner as well as the respondent no.3 started claiming the position of the Manager in the society."

On the last date the Court had recorded that before referring the matter to the Mediation Centre of this Court it will be appropriate if the parties may be called before the Court. The petitioner and the respondent no.3 are before the Court, duly identified by their respective counsel. They are brothers.

After interacting with them, this Court is of the view that perhaps if genuine efforts are made they may arrive at an amicable settlement and that will be better for both of them as well as the Institution, for which, they are before this Court. Therefore, the matter is referred to the Mediation Centre of this Court. The parties are directed to appear before the Medication Centre of this Court today itself.

List on 12.09.2023 along with the report of Mediation Centre of this Court.

(Ravindra Maithani, J.) 05.07.2023 Sanjay