1 2025:CGHC:53030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5258 of 2022 1 - General Manager (Mm), South Eastern Coalfields Limited, Bilaspur District Bilaspur, Chhattisgarh --- Petitioner versus 1 - Black Diamond Equipment Private Limited Plot No. 156-157, Indira Commercial Complex, T.P. Nagar, Korba, District Korba, Chhattisgarh 2 - Micro And Small Enterprises Facilitation Council Through Its Chairman, Directorate Of Industries, Raipur, District Raipur, Chhattisgarh --- Respondents ____________________________________________________________ For Petitioner : Mr. Pankaj Singh, Advocate For State/Respondent No.1 : Ms. Isha Jajodiya, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 30/10/2025 1. Learned counsel for respective parties would jointly submit that vide order dated 29.08.2025, the matter was sent for mediation and in mediation proceedings, settlement has been arrived between the parties and it is also recorded in the mediation proceeding dated 16.10.2025. The mediation became successful as respondent No.1 has relinquished all his claim arising out of the award dated 01.12.2021 passed by Micro and Small Enterprises Facilitation Council, Raipur (MSEFC), therefore, the writ petition be disposed of in view of the settlement arrived at between the parties before mediator. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.03 10:33:10 +0530 2 2. At this stage, learned counsel for petitioner further submits that writ petition is filed in the year 2022 challenging the award passed against petitioner of Rs.88,95,511/- and when writ petition came up for hearing for the first time before this Court on 30.11.2022 considering the grounds raised and the submission made by counsel appeared on behalf of petitioner, this Court has passed interim order in favour of petitioner of staying the execution proceedings subject to petitioner’s depositing 50% of the awarded amount. In compliance of the interim order dated 30.11.2022, petitioner has already deposited 50% of the awarded amount, before the CSIDC, Raipur and it is lying in their account, therefore, while disposing of the writ petition in terms of settlement, further order be passed that the 50% of the awarded amount deposited by petitioner be returned back to petitioner. 3. Learned counsel for respondent No.1 submit that the award under challenge in this writ petition is in favour of respondent No.1. She also submits that the amount so stated to be deposited by the petitioner pursuant to the interim order dated 30.11.2022 is not withdrawn by respondent No.1 and it is still lying with the agency with whom the amount is deposited. She also submits that according to instructions and information, respondent No.1 is not having any objection if direction of refund of the 50% amount deposited by petitioner is ordered. 4. According to the mediation proceedings, which is available in record, the mediator has recorded following :-. “Both the parties through mediation amicably agreed and settle the matter before mediation centre with the following conditions stipulated as under:- 3 1. That the respondent no. 1 (2nd Party) give up their rights to persue the relief awarded to them by the MSEFC Raipur in their case. 2. That both the parties want to withdraw their case before the Hon'ble Court. Both the parties hereby declare that this issue is conclusively resolved and settled in its entirely and both the parties have mutually agreed and are satisfied with the terms of mediation settlement and declare that they will not be pursuing any claims against one another as per the agreed terms of mediation.” 5. In the aforementioned facts of the case and the proceedings recorded by the mediator as extracted above, respondent No.1 already gave up its right to pursue the relief awarded to them by MSEFC, Raipur in their case and both the parties agreed to withdraw the proceedings. Therefore, the writ petition is disposed of in light of the settlement arrived at between the parties as extracted above. 6. In view of submission made by both the sides on the deposit of 50% of awarded amount made by petitioner, before CSIDC, Raipur it is directed that amount of 50% of award deposited by petitioner with CSIDC pursuant to the order dated 30.11.2022 shall be refunded back to petitioner. 7. With the aforesaid observations and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram