Tata Communications Ltd vs Swiftmail Communications Ltd

Heard learned counsel for the petitioner and learned counsel for the respondent.  Although only two days' time was granted to the respondent for filing reply along with cost of Rs. 10,000/-, but the respondent has served copy of the reply on the other side after a delay of one month.  The cost is also said to have been paid to the petitioner.

Learned counsel for the respondent submits that reply could not be made because of the reasons advanced on the earlier date i.e. shifting of the office of the respondent.

Since cost has been deposited and reply is ready to be filed today, the delay is condoned.  Let the reply be filed during the course of the day, as prayed.

Learned counsel for the petitioner prays for, and is granted,  four weeks' time for filing rejoinder.  The issue between the parties appears to be related to accounting.  The petitioner has sought a money decree for an amount of above Rs. One Crore.  The respondent wants the matter to be first sent to an accounts knowing mediator so that , if possible, parties may come to a settlement.  It appears in the interest of justice to send the matter first for mediation.

Let the matter be placed before an Accounts Mediator within one week from today.

The parties should be informed of the date fixed for mediation when they should appear and extend all co-operation.  It is expected that  mediation shall be completed within eight weeks and a report shall be submitted of the out -come.

Post the matter  under the same head awaiting report of mediation on 27.1.2022.