Jharkhand High Court
Ifgl Refractories Limited Through Its ... vs Heavy Engineering Corporation Limited ... on 26 August, 2016
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Company Petition No. 6 of 2016
IFGL Refractories Limited, a Company incorporated under the Companies Act,
1956, having its head and corporate office at 3, Netaji Subhas Road, Kolkata
700 001 through its Company Secretary, Rajesh Agarwal, S/o Late Ram
Chandra Kolindewala, Resident of Diamond Enclave, Flat 91, 113 Diamond
Harbour Road, Kolkata 700 034 ... Petitioner
Versus
Heavy Engineering Corporation Limited, a Company incorporated under the
relevant provisions of the Companies Act, 1956 through its Chairman cum
Managing Director, having its registered office at H.E.C. Administrative
Building, Plant Plaza Road, P.O. Dhurwa, Ranchi834004 ... Respondent
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner : Mr. Indrajit Sinha, Advocate
For the Respondent : Mr. Shresth Gautam, Advocate
th
03/Dated: 26 August, 2016
1.Learned counsels appearing for both the sides jointly submitted that there are all chances of settlement of the dispute between the parties as this company petition is more in the nature of money suit and therefore, let the matter be sent to an efficient Mediator through Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi.
2. Looking to the facts and circumstances of the case, I hereby refer this matter to Mediation. Registrar General of this Court is directed to send a copy of this order as well as a copy of this company petition along with annexures and affidavits to the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi, who will assign the matter to an efficient Mediator for resolving the dispute between the parties to this company petition. The petitioner as well as respondent through their representatives may remain present before the Mediator on 13th September, 2016 between 11:00 a.m. and 01:00 p.m.
3. The names of the Advocates with their mobile numbers as well as the names of the representatives of the petitioner and respondent with their mobile numbers are as under:
2 Sl. No. Name Contact No. 1 Ms. Niyati Sah Petitioner's Advocate 9471332077 Mr. Rajesh AgarwalAuthorised representative of 2 petitioner 9831056667 3 Mr. Shresth GautamRespondent's Advocate 9431105624 4 Mr. SrivastavAuthorised representative of respondent 9650555807, 7547000945
4. The matter is adjourned on 27th October, 2016.
5. Registrar General of this Court is directed to send a copy of this order to all the Principal District Judges, so that in turn, this type of reference may be made under Section 89 of the Code of Civil Procedure. The names of the Advocates with their mobile numbers and their parties names and mobile numbers ought to be mentioned, so that after referring the matter, the concerned Mediator/Secretary, District Legal Services Authority can intimate the parties to attend the mediation.
6. What happens is that after reference of the matter to Mediation or Lok Adalat, approximately in 15% of the matters in the State of Jharkhand, the parties are not attending the Mediation or Lok Adalat. These types of matters are known as "Nonstarter Matters". These types of Nonstarter Matters ought to be reduced and hence, the names of Advocates their mobile numbers are to be mentioned in the order.
7. This order may be circulated by the Principal District Judges to all the Judges in their respective Judgeship.
(D.N. Patel, J.) Ajay/