Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 2897-2021
M/S JSB ALUMINIUM PRIVATE LTD. Vs. M/S KIRAN UDYOG PRIVATE
LTD.
16.11.2021
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ ninewdelhi3 .
Present: Mr. Bhupender Sharma, Ld. Counsel for the complainant.
Ms. Ekta Rai, Ld. counsel for the accused No.1, 2 and 4 along with
accused No.2.
Mr. Pravesh Bahuguna, Ld. counsel for the accused No.3 along with
accused No.3 and surety Mr. Jinender Jain.
Fresh vakalatnama received on behalf of the accused No.3 Same be taken
on record.
Sh. Jinender Jain, a relative of accused No.3 has stood as surety for the
accused No.3. He undertakes to file copy of his RC along with surety bonds during the
course of the day.
Both the Ld. counsels for the accused persons are strictly directed to
furnish personal bonds during the course of the day.
An exemption application has been moved on behalf of the accused
No.4. For the reasons mentioned therein, exemption is given for today only. He is
strictly directed to appear on the next date of hearing.
Ld. counsel for the accused No.1, 2 and 4 undertakes to file memo of
appearance during the course of the day and vakalatnama within two days. One last
opportunity is given to furnish the surety bonds and Board Resolution in favour of AR
of accused No.1 by the next date of hearing failing which adverse steps will be taken.
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Upon request from the accused side, Ld. counsel for the complainant is
directed to furnish entire set of documents to the accused during the course of the day.
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 physical
Mediation Cell on 25.11.2021 at 12:00 pm and returnable to this Court on 20.12.2021
after process of mediation.
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 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.
P.A. is directed to update the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/16.11.2021
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