wp2775.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.2775/2011 Premendrasingh Rachpalsingh Oberai and one another -vs- Sau. Nalinibai W/o Bhaskar Vanjare and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Gandhi, learned counsel for the petitioners. Shri A. Parchure, learned counsel for the respondent No.1. CORAM : R. M. SAVANT, J. DATED : 17/06/2011 Heard. This petition filed under Articles 226 and 227 of The Constitution of India takes exception to the order dated 25/03/2011 passed by the learned Joint Civil Judge, Junior Division, Nagpur, by which order the application Exhibit-123 filed by the petitioner herein for referring the matter to mediation under Section 89 of Civil Procedure Code, came to be rejected. The principal ground on which the application was rejected is that the plaintiff, who is the respondent herein, is not agreeable for mediation and, therefore, the parties cannot be relegated to the modality of mediation. The reliance of the learned counsel for the petitioner on the judgment of the Apex Court reported in wp2775.11.odt 2/2 (2010) 8 Supreme Court Cases, 24 in the matter of Afcons Infrastructure Limited and another -vs- Cherian Varkey Construction Company Private Limited and others, is misplaced in the fact situation of the present case, where the plaintiff is not agreeable for mediation. The impugned order therefore, cannot be faulted with, the writ petition is accordingly dismissed. JUDGE KHUNTE