JUSTICE v. NARASINGH Order No. ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ADMLS No.1 of 2025 Mr. Kirti Chandra Dash …. Plaintiff Mr. R. Ray, Advocate -versus- 1. COMPASS …. Defendants (OD12M2135) 2. Paradip Port Trust
Legal Reasoning
Mr. A.P. Bose, Advocate Mr. J.K. Padhi, Advocate Mr. S. Swain, Advocate (Defendant No.1) CORAM: JUSTICE V. NARASINGH Order No.
Decision
ORDER 26.09.2025 05. 1. Heard Mr. Ray, learned counsel for the Plaintiff and learned counsels Mr. Bose and Associates for the Defendants. 2. Mr. Satyabrata Mohanty was appointed as the learned Mediator as per the Order dtd.04.08.2025 of this Court. The Mediation Report dtd.23.09.2025, submitted by him in the Court today, is taken on record. On perusal of the same, it is seen that the mediation proceeding has attained finality on Page 1 of 6 06.09.2025. It is evident from the Mediation Report on record that the same has been successful and the matter has been amicably settled between the Plaintiff and Defendant No.1 and they have agreed to settle all the dues at Rs. 20,00,000/-, with the stipulation that Rs. 6,50,000/- is to be paid by the plaintiff on 23.09.2025 and the balance Rs. 13,50,000/- in two installments by December 2025. Both Plaintiff and Defendant No.1 have also agreed to enter into a fresh agreement. 3. For convenience of reference the relevant extract of the Mediation report is culled out hereunder; xxx xxx xxx “…….that on 06.09.2025 both the parties with their respective counsel were present in the mediation center and for a quite long period deliberation was made and at the end they could able to be convinced and agreed upon certain points which is placed below for kind appreciation. A. The rent, service charges, maintenance of the vessel and the salary of the crew members and the master, the amount of expenses met to maintain the vessel etc. since the date of agreement. It is also amicably decided after due adjustment of the approximate amount to the tune of Rs. 19,91,560/- (Rupees Nineteen Lakhs Ninety One Thousand five hundred sixty only) due upon the plaintiff and with consent of both the parties, it has been rounded off to a Page 2 of 6 residual part which will figure of Rs. 20,00,000/- (Rupees Twenty Lakhs). B. The parties are also agreed upon to execute the agreement afresh for the tenure of 02 years and there will be a review after 06 months from the date of the execution of the agreement and handing over the vessel for smooth running of the business. C. The amount so agreed between the parties to the tune of Rs. 20,00,000/- out of which 1/3nd amount i.e., Rs. 6,50,000/- is to be handed over on the schedule date i.e. on 23.09.2025 before the Hon’ble High Court of Orissa by way of a Demand Draft in favour of the owner of the Vessel/ Defendant No.1 and is around Rs. the 13,50,000/- the to paid be owner/defendant no.1 within three months possibly (by the end of December 2025) on two equal installments. D. After execution of the fresh agreement and handing over the Vessel each of parties will co- operate with each other to enable for the smooth functioning of the work and to regularize the statutory dues as well as the payment of the rent of the vessel. Besides, that in order to ensure the smooth functioning and regular transaction, there will be a review amongst the parties immediately after lapse of six months after handing over the vessel and the said condition will be a part of the fresh agreement. E. The residual amount i.e. Rs. 13,50,000/- (Rupees Thirteen Lakhs Fifty Thousand only) is to be cleared off by the end of December, 2025 and any deviation thereto will be seriously Page 3 of 6 viewed and the same will be the part of the fresh agreement. With these unanimous decision both the parties consented for the fresh agreement and to run the business as usual with their utmost care and cooperation. In the process of mediation both the parties along with their respective counsel extended their gracious cooperation, patience and deep understanding to really appreciated. Such positive vibes and the articulation in the process of mediation wipe out the very miscommunication between the parties which was resulted into knocking the doors of this Hon’ble Court by filing the above mentioned suit. the dispute which resolve is However, with all good sense both the parties came to a definite conclusion with the above mentioned conditions to settle the matter by executing a fresh agreement. In view of the above narratives, the mediation proceeding came to an end with a hope and trust that the possibilities of amicable settlement is success and dispute set at rest and I am thankful for reposing confidence upon me to be the Mediator as has been suggested by the parties and hopefully discharged my responsibilities with all care and caution with due diligence which may kindly be accepted.” xxx xxx xxx The Mediation Report shall be treated as a part (Emphasized) of this Order. Page 4 of 6 4. Learned Counsel for the Plaintiff files a memo in Court today indicating that the Plaintiff as per the settlement is depositing one-third of the claim amount to the tune of Rs.6,50,000/- vide Demand Draft dated 22.09.2025 bearing Demand Draft No. 511814, drawn on ICICI Bank in favour of Eniyavan S, which is taken on record. On perusal of the memo, it is evident that the learned counsel for the Defendant No.1 has acknowledged the receipt of the Demand Draft as above, on behalf of the Defendant No.1. 5. Taking into account the Mediation Report and the submissions made by the learned counsel for the Plaintiff as well as the Defendant No.1 and that the matter has already been settled inter se between the Parties, the ADMLS is accordingly disposed of. 6. The interim orders, if any, passed earlier stand vacated. 7. It is needless to state in the event of any violation of terms of mediation as noted, the Plaintiff/Defendants are at liberty to take recourse to law, independent of disposal of the present ADMLS. 8. This Court places on record its deep sense of appreciation for the manner in which the learned Mediator, Mr. Satyabrata Mohanty, who is also an Additional Government Advocate, has proactively Page 5 of 6 conducted the mediation and helped both Parties come to a mutually acceptable settlement. The order sheet of the mediation proceedings, which is also taken on record, stands as testimony to the untiring efforts of the learned Mediator. 9. Registry is requested to send a copy of this Order to the Learned Mediator Mr. Mohanty, through the Coordinator, High Court of Orissa, Mediation Centre. 10. UCC as per rules. (V. Narasingh) Admiralty Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Sep-2025 11:02:59 Page 6 of 6