The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1812 of 2022 M/s. Sai Shiv Construction Private Limited …. Appellant Mr. Rudra Prasad Kar, Senior Advocate State of Odisha and others
Legal Reasoning
-versus- …. Respondents Mr. R. N. Mishra, AGA for State-Respondent Nos.1 to 3 and Mr. Sidharth Shankar Padhy, Advocate for Respondent No.4 Order No. 08. CORAM: ACTING CHIEF JUSTICE DR. B. R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN
Decision
ORDER 09.01.2024 1. The matter is taken up through hybrid mode. 2. Heard Mr. Rudra Prasad Kar, learned Senior Counsel for the Appellant, Mr. R. N. Mishra, learned Additional Government Advocate for the State-Respondent Nos.1 to 3 and Mr. Sidharth Shankar Padhy, learned counsel for Respondent No.4. 3. By virtue of the order dated 6th November, 2023 passed by this Court, the matter was referred to the High Court of Orissa Mediation Centre, which was taken up by Mr. Susanta Kumar Dash, Advocate, the appointed Mediator. Learned Mediator has submitted the following Mediation Report dated 26th December, 2023 in the Mediation Proceeding No.130 of 2023: “26/12/2023 As discussed on 21.12.2023, parties have honoured their respective commitment for avoiding any further litigation, which is the subject matter of the above noted appeal. Page 1 of 5 Parties have settled their dispute as per the memorandum of settlement dtd.26.12.2023, enclosed herewith. Director of the petitioner-company has put his seal and signature in the said memorandum of settlement, not being present in person. His signature is acknowledged by the administrative officer of the company; namely Sri Amulya Kumar Hati, to which the managing director of Jaico Electronics Pvt. Ltd. has no objection. As per the terms of settlement, four nos. of cheque bearing No.055409, 055410, 055411 & 055412, for Rs.7,00,000/- each drawn on Union Bank of India in favour of Jaico Electronics Pvt. Ltd. are handed over to its managing director namely M. Amarsreenu by Sri Amulya Kumar Hati in presence of Sri Kamal Ranjan Mohapatra and Sri Sidharth Shankar Padhy, Advocates. Receipt of the Cheques has been acknowledged by M. Amarsreenu and the copy of the letter has been handed over to Sri Amulya Kumar Hati with necessary endorsement. Copy of the said letter as well as the photo copies of the Cheques are enclosed herewith. Minutes of the proceedings and the documents as above, may be placed before the Hon’ble Court. It may be noted that the parties have suo-motu tendered two separate bank Drafts for Rs.25,000/- each in favour of the mediator towards honorarium. Those two Drafts, in original are also enclosed herewith. Finally, the mediation is closed with thanks to the parties and their respective counsel for making it a success. Sd/- Mediator (Susanta Kumar Dash) Enclosure: As above.” The relevant portion of the said Memorandum of Settlement dated 26th December, 2023 reads as under: “1) That, it is hereby agreed between the parties that the petitioner- M/s. Sai Shiv Construction Pvt. Ltd. will make payment of Rs.28.00 Lakh (Rupees twenty eight lakhs) to Page 2 of 5 the O.P. no.4- M/s. Jaico Electronics Private Limited towards full and final settlement of all the dues including interest till the date of this Settlement arising out of and in relation to the purchase orders mentioned above. 2) That, the petitioner- M/s. Sai Shiv Construction Pvt. Ltd. in discharge of its liability of Rs.28.00 lakh including interest in full and final settlement, has issued four nos. of cheques bearing Nos. 055409, 055410, 055411 & 055412 dated 26/12/2023, 26/01/2024, 26/02/2024 & 26/03/2024 respectively of Rs.7.00 lakh each drawn on UNION BANK OF INDIA, in favour of the O.P. No.4- M/s. Jaico Electronics Private Limited. The Petitioner undertakes that the post-dated cheques will be duly honoued. 3) That, the parties do hereby agreed that upon payment of Rs.28.00 lakhs as indicated above, the petitioner- M/s. Sai Shiv Construction Pvt. Ltd. will make appropriate application for withdrawal of Writ Appeal No.1812 of 2022 pending before the Hon’ble High Court and the O.P. No.4- M/s. Jaico Electronics Private Limited will make appropriate application for withdrawal of its claim reference vide MSEFC Case No.94 of 2021 pending before the Micro & Small Enterprises Facilitation Council (MSEFC), Odisha and Cuttack 4) That, it is further agreed between the parties that in the event any of the cheques indicated in clause-2 above is not honoured, the settlement arrived at herein would stand nullified and the parties will be at liberty to prosecute their respective litigations. 5) That this settlement has been reached by the parties at their own free will and without any coercion from any quarter. 6) That the parties hereby express their deep gratitude for the efforts of the Hon’ble Mediator in persuading the parties to settle their disputes amicably.” Page 3 of 5 4. Both the parties having agreed to the terms of Memorandum of Settlement dated 26th December 2023, the same shall be given effect to. The two bank Drafts for Rs.25,000/- each bearing numbers 720015 dated 22nd December, 2023 and 871044 dated 26th December, 2023 tendered by the parties in favour of the learned Mediator towards honorarium may be disbursed in his favour. 5. So far as the following four numbers of post-dated cheques are concerned, photocopies of which have been enclosed with the Memorandum of Settlement dated 26th December, 2023 as aforementioned, it is now submitted by learned Senior Counsel for the Appellant that those may be permitted to be encashed on the date fixed: i. Cheque No.055409 dated 26.12.2023 amounting to Rs.7,00,000/-, ii. Cheque No.055410 dated 26.01.2024, amounting to Rs.7,00,000/-, iii. Cheque No.055411 dated 26.02.2024 amounting to Rs.7,00,000/-, and iv. Cheque No.055412 dated 26.03.2024 amounting to Rs.7,00,000/-, 6. Accordingly, it is directed that the rest part of the aforementioned Memorandum of Settlement shall be complied with by the respective parties by withdrawing their respective applications, which are pending before the Micro & Small Enterprises Facilitation Council (MSEFC), Cuttack. 7. In any event, if any of the conditions of the aforementioned Memorandum of Settlement would not be complied with, the Page 4 of 5 parties are permitted to file application seeking modification and/or variation of the order of this Court. Accordingly, the writ appeal stands disposed of. 8. The Court appreciates the endeavour made by Mr. Susanta Kumar Dash, Advocate, learned Mediator in resolving the dispute between the parties promptly when the matter was referred to him and it is expected that he will continue in the same spirit in future cases also. (DR. B. R. SARANGI) ACTING CHIEF JUSTICE JUDGE M. Panda (M. S. RAMAN) Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Jan-2024 17:33:10 Page 5 of 5