Om Prakash Gupta vs. Anjani Gupta

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice, Krishna Murari, Hima Kohli
Case Status:Disposed
Order Date:21 Jul 2022
CNR:SCIN010082362022

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Order Issued After Hearing

Purpose:

Fixed Date by Court

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble Krishna Murari, Hon'ble Hima Kohli

Stage:

AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES

Remarks:

Case referred to Mediation Centre, list after receipt of report

Listed On:

21 Jul 2022

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

46954/2022,50495/2022,

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Order Text

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.3001/2022

(Arising out of impugned final judgment and order dated 08032022 in CRLMC No. 5188/2013 passed by the High Court of Delhi at New Delhi)

OM PRAKASH GUPTA & ORS. Petitioner(s)

VERSUS

ANJANI GUPTA & ORS. Respondent(s)

(Mediation report received)

(IA No. 46954/2022 EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 50495/2022 PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 21072022 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MS. JUSTICE HIMA KOHLI

For Petitioner(s)

Mr. S.B. Upadhyay, Sr. Adv. Ms. Vaishali Gupta, Adv. Mr. Anurag Jain, Adv. Mr. Rajesh Kumar, Adv. Mr. Gaurav Goel, AOR For Respondent(s) Mr. Gurmehar S. Sistani, Adv. Mr. Abhishek Chabra, Adv. Mr. Aayush Goel, Adv. Mr. Trivesh, Adv. Mr. Sehdav, Adv. Mr. Aman, Adv. Ms. Samten Doma, Adv. Ms. Ranjeeta Rohatgi, AOR

Ms. Manjula Gupta, Adv. Mr. Gurmeet Singh Makker, AOR

Ms. Swati Bansal, Adv.

Digitally signed by VISHAL ANAND Date: 2022.07.29 13:51:15 IST Reason:

Signature Not Verified

Ms. Ayushi Bansal, Adv. Mr. G. K. Bansal, AOR

UPON hearing the counsel the Court made the following O R D E R

1. On 642022, this Court had passed the following order:

"1. Heard learned Senior counsel appearing on behalf of the petitioners as also the learned counsel, who appears on caveat on behalf of the respondents.

2. Learned Senior counsel for the petitioners submits that the impugned order whereby the High Court has upheld the residence order granted in favour of the respondent – wife has been implemented and she is staying at the matrimonial house. He further submits that although the parties have filed 60 criminal/civil cases against each other, yet there is a possibility of a comprehensive settlement between them.

3. In view of the above, we deem it appropriate to issue notice to the respondents to explore the possibility of a settlement.

4. Learned counsel appearing on behalf of the respondents submits that his clients have no objection if the pending matters between the parties are referred to the Delhi High Court Mediation and Conciliation Centre for exploring the possibility of a settlement.

5. We, accordingly, direct the Organizing Secretary, Delhi High Court Mediation and Conciliation Centre, to refer the matter to a Mediator, who will try to settle all the pending issues between the parties including the instant matter. The Mediator is directed to submit a report to this Court within a period of six weeks from this date.

6. List the matter after receipt of a report from the Mediator, Delhi High Court Mediation and Conciliation Centre."

2. As per the Mediation Report dated 462022, the matter was discussed at length in several sessions but despite best efforts, no settlement could be arrived at between the parties.

3. Learned Senior counsel appearing for the petitioners and learned counsel appearing for the respondents submit that there is still a possibility of an amicable settlement of the matrimonial disputes between the parties and request that they may be referred back for further mediation.

4. In view of the above, we direct the Organizing Secretary, Delhi High Court Mediation and Conciliation Centre, to refer the matter once again to Mr. J.P. Singh, Senior Advocate, who had earlier conducted the mediation between the parties.

5. The learned Mediator will make yet another attempt to settle all the pending issues between the parties including the instant matter and file a report.

6. List the matter after receipt of a report from the Delhi High Court Mediation and Conciliation Centre.

(VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRARcumPS COURT MASTER (NSH)

ITEM NO.13 COURT NO.1 SECTION IIC

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.3001/2022

(Arising out of impugned final judgment and order dated 08032022 in CRLMC No. 5188/2013 passed by the High Court of Delhi at New Delhi)

OM PRAKASH GUPTA & ORS. Petitioner(s)

VERSUS

ANJANI GUPTA & ORS. Respondent(s)

(Mediation report received)

(IA No. 46954/2022 EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 50495/2022 PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 21072022 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MS. JUSTICE HIMA KOHLI

For Petitioner(s)

Mr. S.B. Upadhyay, Sr. Adv. Ms. Vaishali Gupta, Adv. Mr. Anurag Jain, Adv. Mr. Rajesh Kumar, Adv. Mr. Gaurav Goel, AOR For Respondent(s) Mr. Gurmehar S. Sistani, Adv. Mr. Abhishek Chabra, Adv. Mr. Aayush Goel, Adv. Mr. Trivesh, Adv. Mr. Sehdav, Adv.

Mr. Aman, Adv.

Ms. Samten Doma, Adv.

Ms. Ranjeeta Rohatgi, AOR

Mr. Gurmeet Singh Makker, AOR

Ms. Swati Bansal, Adv. Ms. Ayushi Bansal, Adv.

Mr. G. K. Bansal, AOR

UPON hearing the counsel the Court made the following O R D E R

1. On 642022, this Court had passed the following order:

"1. Heard learned Senior counsel appearing on behalf of the petitioners as also the learned counsel, who appears on caveat on behalf of the respondents.

2. Learned Senior counsel for the petitioners submits that the impugned order whereby the High Court has upheld the residence order granted in favour of the respondent – wife has been implemented and she is staying at the matrimonial house. He further submits that although the parties have filed 60 criminal/civil cases against each other, yet there is a possibility of a comprehensive settlement between them.

3. In view of the above, we deem it appropriate to issue notice to the respondents to explore the possibility of a settlement.

4. Learned counsel appearing on behalf of the respondents submits that his clients have no objection if the pending matters between the parties are referred to the Delhi High Court Mediation and Conciliation Centre for exploring the possibility of a settlement.

5. We, accordingly, direct the Organizing Secretary, Delhi High Court Mediation and Conciliation Centre, to refer the matter to a Mediator, who will try to settle all the pending issues between the parties including the instant matter. The Mediator is directed to submit a report to this Court within a period of six weeks from this date.

6. List the matter after receipt of a report from the Mediator, Delhi High Court Mediation and Conciliation Centre."

2. As per the Mediation Report dated 462022, the matter was discussed at length in several sessions but despite best efforts, no settlement could be arrived at between the parties.

5

3. Learned Senior counsel appearing for the petitioners and learned counsel appearing for the respondents submit that there is still a possibility of an amicable settlement of the matrimonial disputes between the parties and request that they may be referred back for further mediation.

4. In view of the above, we direct the Organizing Secretary, Delhi High Court Mediation and Conciliation Centre, to refer the matter once again to Mr. J.P. Singh, Senior Advocate, who had earlier conducted the mediation between the parties.

5. The learned Mediator will make yet another attempt to settle all the pending issues between the parties including the instant matter and file a report.

6. List the matter after receipt of a report from the Delhi High Court Mediation and Conciliation Centre.

(VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRARcumPS COURT MASTER (NSH)

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