Calcutta High Court (Appellete Side)
Anindita Dutta Majumdar vs Santanu Ranjan Dutta on 29 March, 2022
FA 21 of 2022
Item-71 CAN 1 of 2022
29-03-2022
sg
Ct. 8
Anindita Dutta Majumdar
Versus
Santanu Ranjan Dutta
(Through Video Conference)
Mr. Indrajeet Dasgupta, Adv.
Ms. Puspita Bhowmick, Adv.
Ms. Rima Biswas, Adv.
...for the appellant
Mr. Monishankar Chattopadhyay, Adv.
...for the respondent
We direct the department to call for LCR within a period of three weeks from date by special messenger.
The appellant is directed to deposit the special messenger costs to bring the Lower Court records within ten days from date, failing which the appeal shall be put up for final order.
After arrival of the Lower Court's Record, the office shall examine the same and shall issue notice of arrival of Lower Court's Record on the learned Advocate for the appellant at once.
The appellant is directed to prepare and file requisite number of informal paper books - printed, typewritten or cyclostyled, as the case may be, out of court, within four weeks from the date of service of notice of arrival of Lower Court's Record on the learned Advocate for the appellant.
All formalities regarding preparation of paper books are dispensed with, but the learned Advocate for the appellant is directed to incorporate all the Trial Court papers in the informal 2 paper books.
The service of notice of appeal upon the respondent is waived by Mr. Monishankar Chattopadhyay, Advocate for the respondent.
In view of the nature of the dispute between the parties, we are of the opinion that the matter can be properly dealt with if the parties are referred to mediation, as there are elements of settlement that can be explored in mediation.
Accordingly, we appoint Hon'ble Justice Tapas Mookherjee (Retired) as Mediator.
The learned Counsel for the parties have assured this Court that all attempts shall be made to arrive at a settlement during the course of mediation and shall render all assistance to the learned Mediator to bring about a settlement and put an end to this litigation.
The matter stands adjourned for nine weeks. The learned Mediator is requested to file a report on or before the adjourned date in the event the parties arrive at a settlement prior to the adjourned date.
Liberty is given to the learned Counsel for the parties to mention this appeal for disposal in the event the settlement is arrived at in course of mediation in the meantime.
This order shall immediately be communicated to the Member Secretary, Mediation and Conciliation Committee, High Court, Calcutta to take immediate steps in this matter.
The impugned judgment and decree dated 15th November, 2021 passed by the learned Additional District Judge, 1 st Court, Alipore, South 24 Parganas shall remain stayed till the disposal 3 of the appeal.
Since no affidavit-in-opposition has been filed, allegations made are deemed to have been denied.
CAN 1 of 2022 is accordingly, disposed of. (Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)