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Madras High CourtTR CMP/525/2019allowed with direction

S.Asha Benadict v. J.John Christopher

2019-08-30Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.08.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.525 of 2019 and CMP Nos.14535 and 14536 of 2019 S.Asha Benadict ... Petitioner -vsJ.John Christopher ... Respondent Prayer:

Petition filed under Section 24 of C.P.C to withdraw I.D.O.P.No.42 of 2019 pending on the file of District and Sessions Court, Tiruchirappalli and transfer the same to Principal District Court, Chengalpet.

For Petitioner : Mr.S.Vinoth Kumar For Respondent : Mr.N.Sakthivel

O R D E R

Today when the matter is taken up for hearing, both the counsel submitted that since there is a scope of exploring the possibility of settlement between the parties, the parties may be directed to appear before the Mediation Centre, attached to Principal District Court, Chengalpet.

2. In view of the above submission, the parties are directed to appear before the Mediation and Conciliation Centre, attached to Principal District Court, Chengalpet on 20.09.2019 at 10.30 a.m.

3.

With the above observation, the Tr.C.M.P is closed. Consequently, connected CMPs are closed.

30.08.2019 "For being mentioned"

This matter having been listed under the caption "for being mentioned" on Friday the 29/11/2019 pursuant to the order of this court dated 30/08/2019 and made herein in the presence of the aforesaid counsels on the either side, the court made the following order:

The matter has been taken up 'for being mentioned' at the instance of the learned counsel for the petitioner.

2. Learned counsel for the petitioner submitted that although this Court has passed the order dated 30.08.2019 holding in paragraph-2 as follows:

"2. In view of the above submission, the parties are directed to appear before the Mediation and Conciliation Centre attached to Principal District Court, Chengalpet on 20.09.2019 at 10.30 a.m.,"

when the parties appeared before the Mediation and Conciliation Centre attached to the Principal District Court, Chengalpet on the date specified in the order, in view of non-receipt of the case bundle in I.D.O.P.No.42 of 2019 from the District and Sessions Court, Tiruchirappalli, the mediation has not taken place, therefore, the District and Sessions Court, Tiruchirappalli may be directed to send the case bundle in I.D.O.P.No.42 of 2019 to the Principal District Court, Chengalpat.

3. Since this Court has specifically directed the parties to appear before the Mediation and Conciliation Centre attached to the Principal District Court, Chengalpet on 20.09.2019, in view of non-receipt of the case bundle in I.D.O.P.No.42 of 2019 from the District and Sessions Court, Tiruchirappalli, they were not able to proceed with the mediation. Therefore, paragraph-2 of the order shall read as follows:

"2. In view of the above submission, the I.D.O.P.No.42 of 2019 is withdrawn from the file of the District and Sessions Court, Tiruchirappalli and transferred to the Principal District Court, Chengalpet for exploring the possibility of settlement and the parties are directed to appear for mediation before the Mediation and Conciliation Centre attached to the Principal District Court, Chengalpet on 20.12.2019 at 10.30 a.m". -s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.

The District and Sessions Court, To be substituted Tiruchirappalli order already despatched 2.

The Principal District Court, on 17/09/2019 Chengalpet +1cc to Mr.S.Vinoth Kumar, Advocate, S.R.No.*99842 +1cc to Mr.N.Sakthivel, Advocate, S.R.No.*100045 Tr.C.M.P.No.525 of 2019 RSV(CO) CS/13/09/2019 aa04/12/2019