(V. Gopala Gowda and C. Nagappan, JJ.)
Purnima Manthena & Anr. _________________________ Petitioner(s)
v.
Dr. Renuka Datla & Ors. __________________________ Respondent(s)
Petition(s) for Special Leave to Appeal (C) No(s). 12831/2015, decided on July 21, 2015
With
SLP(C) No. 12835/2015
The Order of the court was delivered by
Order
1. Heard Mr. Kapil Sibal, Mr. P.P. Rao and Mr. Shyam Diwan, learned senior counsel appearing on behalf of the petitioners and Mr. Dushyant Dave, Mr. Arvind P. Datar and Mr. H.N. Naga Mohan Das, learned senior counsel appearing on behalf of the respondents.
2. We have perused the Minutes recorded by the Mediators (Pages 56 to 61, Volume VI of S.L.P.(C) No. 12835/2015).
3. Learned senior counsel for the petitioners have invited our attention to the letters written by Respondent No. 1, including Letter(s) dated 20.05.2015, to the Company and the Banks. In the Minutes of the Meeting held on dated 22.06.2015, the observations made by the Mediators appointed by this Court are as follows:
“A stalemate has arisen for the time being in regard to an issue of immediate importance concerning bank transactions. In view of this stalemate and inability to sort out this urgent issue even as an interim arrangement through mediation process, the Mediators clarify that the pendency of mediation will not come in the way of the party concerned or the Company approaching the Hon’ble Supreme Court for appropriate relief.”
4. While making such observations, the Mediators, also, in the last paragraph of the Minutes, have observed as follows:
“The time limit of six weeks stipulated by the Hon’ble Supreme Court will be expiring by the end of this month. The continuance or otherwise of mediation would depend upon the further orders of Hon’ble Supreme Court, if any, in this regard.”
5. In view of the aforesaid observations made by the Mediators, a submission is made by learned senior counsel appearing on behalf of the parties to hear the matters and pass appropriate order on the interim prayer.
6. In the matters, the Mediators were appointed at the stage of preliminary hearing without issuing notice to file the counter affidavit.
7. Learned senior counsel appearing on behalf of the respondents have made a categorical submission that the letters written by respondent No. 1 to both the Company and the Banks will be withdrawn and the day to day functioning of the Company must be allowed to go on. Learned senior counsel for both sides have agreed that their respective clients will cooperate with each other. Learned senior counsel appearing on behalf of the respondents made further submission that no stalemate will be allowed to continue in the Company. Their submission is placed on record. We hope and trust that the commitment given to this Court will be honoured by the parties in the larger interest of functioning of the Company.
8. Tag S.L.P.(C) No. 20338 of 2015 with these matters.
9. Issue notice both on the special leave petitions and the prayer(s) for interim relief in all the matters including S.L.P.(C) No. 20338/2015 returnable within two weeks.
10. The respondents are permitted to file counter affidavit within two weeks from today.
11. List the matters after two weeks for further hearing.
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