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2026 DAILYLAW 17778 (BOM)

SUJATHA SHETTY v. FRANCISCO CRUZ LOBO AND 2 ORS

WPCR/130/2026 · 2026-10-09

body2026

Judgment text

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SUJATHA SHETTY VS FRANCISCO CRUZ LOBO AND ANR. __________________________________________________ WPCR 130-2026 October 9th 2026 Vinita IN THE HIGH COURT OF BOMBAY AT GOA. CRIMINAL WRIT PETITION NO. 130 OF 2026. SUJATHA SHETTY …PETITIONER. ~ VERSUS ~ FRACISCO CRUZ LOBO AND 2 ORS. …RESPONDENTS APPEARANCES: for the Petitioner for the Respondent Mr. Savio Misquita and Mr. Shane Coutino, Advocates Mr. Venkatesh Ameya Nayak Salatry, Advocate. CORAM : AMIT S. JAMSANDEKAR, J. Date : 9th October, 2026. ORDER 1. I have heard learned Counsel for the Petitioner and the Respondent. SUJATHA SHETTY VS FRANCISCO CRUZ LOBO AND ANR. __________________________________________________ WPCR 130-2026 October 9th 2026 2. By the present Petition, the Petitioner has challenged the issuance of process by the learned JMFC in a dispute arising out of Section 138 of the Negotiable Instruments Act. Admittedly, the accused has passed away. 3. In view thereof, the learned Counsels for the parties jointly submit that the parties would like to explore the dispute amicably. 4. In view thereof, the parties requested that a Mediator be appointed to resolve the dispute arising out of and related to the proceedings under Section 138 of the NIA. 5. Hence by consent: a) Mr Jatin Ramaiya, Advocate, is appointed as Mediator to mediate the disputes and differences between the parties arising out of, under and related to the Agreement dated 11th November 2014. The contact details of the Learned Mediator are as follows: Mr Jatin Ramaiya, 340, 3rd Floor, Gera Imperium Star Patto Panaji Goa. Cell : +91 9637490025 Email : jatin.ramaiya@gmail.com b) A copy of this order shall be communicated forthwith to the Learned Mediator by the Advocates for the Applicant by email jatin.ramaiya@gmail.com. The Advocates of the parties shall SUJATHA SHETTY VS FRANCISCO CRUZ LOBO AND ANR. __________________________________________________ WPCR 130-2026 October 9th 2026 also provide their, and those of the Applicants and the Respondents, contact details to the Learned Mediator. c) The Parties agree and undertake that the fee of the Learned Mediator shall be paid by them in equal shares. The Learned Mediator's fees shall be Rs. 5,000/- (Five Thousand) per hour and shall be paid within one week from the date of the Learned Mediator's Memorandum of Fees. The parties also agree and undertake that, if directed by the Learned Mediator, they shall deposit fees in advance. d) The mediation shall be completed on or before 30th November 2026 irrespective of whether the parties arrive at a settlement or not. e) The first meeting of the mediation will be held within one week from today, to be directed by the Learned Mediator. 6. List the Application on 2nd December 2026 at 2.30 pm. 7. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [AMIT S. JAMSANDEKAR, J.] Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 13/10/2026 11:32:10