Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 21552021
MICROMAX INFORMATICS LTD. Vs. GANPATI DISTRIBUTORS
23.10.2021
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ ninewdelhi3 .
Present: Sh. Nishant Arora, Ld. Counsel for the complainant with Complainant
Sh. Zeeshan Hashmi, Ld Counsel for all the accused persons alongwith
accused no.5 Manish Gupta.
Matter is fixed for appearance of the accused persons.
Fresh vakalatnama received on behalf of accused no.5. Same be taken
on record. Ld counsel for the accused submits that summons have been received
qua accused no.5 only, however today he takes the summons qua accused no.1 to 3
also and he undertakes to file his Memo of Appearance on behalf of accused no.1, 2
and 3 during the course of the day and vakalatnama by the NDOH.
It is submitted that accused no.4 Vijay Kumar has passed away and ld
counsel for the accused undertakes to file his death certificate by the NDOH.
Accused no.2, 3 and 5 are directed to furnish PB / SB in the sum of Rs. 1,00,000/
each. Sureties to appear in person on the NDOH.
Since the present offence is bailable in nature, the accused no.2, 3 and
5 are admitted to bail subject to furnishing of personal bond today.
On little interaction, it appears that ample chances of settlement exist in
this matter. Parties have agreed to appear before Mediation cell. Both parties have
been explained the procedure and advantages of mediation process. The parties
have been explained the law laid down in Dayawati v. Yogesh Kumar Gosain,
2017 SCC OnLine Del 11032.
Let, matter be put up with consent of both sides before virtual Mediation
Cell on 09.11.2021 at 12:00 pm and returnable to this Court on 09.12.2021 after
process of mediation.
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Parties are directed to appear before Mediation Cell and before the
Court on dates fixed. It is clarified that if the parties fail to appear before the
mediation cell on the date and time fixed cost will be imposed on the next date of
hearing. It is further clarified that in compliance of the law laid down in Dayawati v.
Yogesh Kumar Gosain, 2017 SCC OnLine Del 11032, both parties be present in
the Court on the next date of hearing for recording of statement if mediation
succeeds. Parties are directed to sign the mediation forms with the Readercum
Ahlmad within three working days from today.
In case mediation fails, the parties be present before the Court on the
next date of hearing for framing of notice and further proceedings
Ahlmad is directed to send this order sheet along with the signed
mediation form to the Mediation cell, PHC.
PA is directed to do updation of the case and upload the order as per
rules.
(PADMA LANDOL)
MM (NI Act) Digital Court03
New Delhi, PHC/Delhi/23.10.2021
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