Supreme Court - Daily Orders
Ashish Seth vs Govt. Of Nct Of Delhi . on 10 April, 2015
Bench: Dipak Misra, Prafulla C. Pant
WP(Crl.) 5/15
1
ITEM NO.22+23 COURT NO.5 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Criminal) No.5 of 2015
ASHISH SETH Petitioner(s)
VERSUS
GOVT. OF NCT OF DELHI & ORS. Respondent(s)
(With appln. (s) for ex-parte stay)
WITH W.P.(Crl.) No.11 of 2015
(With appln.(s) for ex-parte stay)
Date: 10/04/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. Sachin Puri, Adv.
Mrs. Priya Puri, AOR
Mr. Ranjay Kr. Dubey, Adv.
For Respondent(s) Mr. Neeraj Kishan Kaul, ASG
Mr. P.S. Patwalia, ASG
Ms. Vibha Datta Makhija, Sr. Adv.
Mr. P.K. Dey, Adv.
Mr. T.A. Khan, Adv.
Mr. B.V. Balram Das, Adv.
Ms. Sadhana, Adv.
Mr. Halinder Saini, Adv.
Mr. D.S. Nagar, Adv.
Mr. D.S. Mahra, Adv.
Ms. Aakanksha Kaul, Adv.
Signature Not Verified
Mr. Akhil Sibal, Adv.
Mr. Sanjay S. Chhabra, Adv.
Digitally signed by
Chetan Kumar
Date: 2015.04.10
17:15:12 IST
Reason: Ms. Garima Prashad, AOR
Ms. Aishwarya Pathak, Adv.
Mr. Ravi Prakash Mehrotra, Adv.
WP(Crl.) 5/15
2
Mr. Gaurav Goel, AOR
Mr. P. N. Gupta, AOR
Mrs. Bharti Gupta, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have perused the interim report of the learned Mediator. It reads as follows:
“This Hon'ble Court by order dated 09.02.2015, referred the matter to mediation so as to enable the parties to arrive at a negotiated settlement.
In pursuance of the above, mediation meetings were held on 14.02.2015, 16.02.2015, 17.02.2015, 18.02.2015, 10.03.2015, 15.03.2015 and 07.04.2015 at New Delhi. The meetings were attended by Mr. Surender Seth and Mr. Ashish Seth with their counsel, Mr. Sachin Puri on one side, and Mr. Sumit Mittal and Mr. Madhur Mittal with their counsel Mr. Sanjay S. Chhabra on the other side.
After detailed negotiations and
discussions and exchange of various
alternatives, parties have arrived at a broad consensus, without prejudice to their respective rights and contentions. Parties are further negotiating to give shape to the terms agreed, in a manner which will effectively express what has been agreed, and put an end to the disputes and at the same time safeguarding their respective interests.
As several issues relating to legal and taxation issues require to be sorted out with the advice of experts, the parties have not been able to finalise the terms and execute the Memorandum of Settlement.
On the joint request of the parties, further mediation meetings are scheduled for 11.04.2015, 12.04.2015 & 15.04.2015 for further negotiations and finalisation of the WP(Crl.) 5/15 3 draft Memorandum of Settlement.
It is expected that the said process is likely to take at least two more weeks and, therefore, it is respectfully submitted that the time for completion of mediation process be extended till the end of this month.” Having perused the Mediation Report, we are of the prima facie view that the parties to this litigation, in their participation in the mediation process, has reflected not only their prudence, but also, if we permit ourselves to say so, Solomon's wisdom, and we are sure that both the parties shall stay embedded to the said wisdom and in the ultimate eventuality arrive at a settlement. We say so with the hope and also regard being had to the faith shown by the parties in each other and in the process of mediation.
The interim order passed on the earlier occasion shall remain in force till the next date of hearing.
Let the matters be listed on 24th April, 2015.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master