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Judgment
Learned Counsel for both side are present. Learned Counsel for Respondent mentioned that parties have entered in an agreement with regard to future transactions. A part payment had been made for the same. Entire management has been changed and new management of Respondent Company is intending and ready to make payment for this Petition. The other cases under Section 138 of Negotiable Instruments Act, regarding the same transactions, are also to be settled, in between, for which it requires to be referred to mediation. Future transactions and execution of agreement was through an agency, Meeting of minds of the parties couldn’t be there. Only an opportunity of meeting of minds is required for some discussion, requested to be extended and this matter shall be settled.
Learned Counsel for Petitioner vehemently opposed with this contention that it was for one month, no such request was ever made, nor any instruction, is with regard to past matters, including the present one. The future agreement is with regard to future transactions and the instruction of this effect that for past transactions, it was said to be the order of Tribunal or the Court, is to be obeyed. Hence, nothing was accepted to be taken, for present matter in issue. Hence, there is no likelihood of any mediation or compromise in between. Hence, this request is being vehemently opposed.
Heaving heard learned Counsel for both side, it is apparent, that parties have entered in a new agreement with regard to future transactions i.e. a positive signal is there and with regard to present matter, the assurance of making payment is being made by Learned Counsel for Respondent.
Considering the Counsel, Mr. Aljo K Joseph, an Officer of this Court/ Tribunal and mentioning the correct proposition of the fact, with regard to intention and readiness to make payment, one opportunity is given and date 30.05.2023 is being fixed for further proceeding, with a direction to both side, for appearing person before this Tribunal, in case of no settlement, in between, and if the settlement, in between, is there, then physical presence of both side, is not needed.