MEDIATION APPLICATION FORM

 

FORM 1:

MEDIATION APPLICATION FORM

 

BEFORE THE MEMBER SECRETARY

MEDIATION & CONCILIATION COMMITEE

HIGH COURT, CALCUTTA

5, COUNCIL HOUSE STREET,

KOLKATA- 700 001

 

 

A. DETAILS OF THE PARTIES : 

1.Name of Applicant                : M/s. Sustainable Green Initiative Private Limited

                                                 [CIN: U02000WB2022PTC253934],

 

2. Address and contact details of Applicant                   : 

 

Address: P-41, Princep Street, 2nd Floor, Room No. 213, Kolkata – 700072, West Bengal.

Telephone No.- __________

Mobile- _____________ 

Email ID: __________________

 

3. Name of Opposite Party       : (1) M/s. Navchetna Agro Center Producer Company Limited,

[CIN: U79120UP2019PTC112914]

                                                (2) Umesh Chandra Pandey, Director (DIN: 08321860),

                                                (3) Rajni Kant Pandey, Director (DIN: 08321873),

                                                (4) Akhilesh Kumar Tripathi, Director (DIN: 08344648),

                                                (5) Tushar Pandey, Director (DIN: 08891335),

                                                (6) Anju Shukla, Director (DIN: 09168700),

                                                (7) Vishal Kumar Pandey, Director (DIN: 10320794),

                                                (8) Mr. Mukesh Kumar Pandey, Chief Executive Officer,

 

4.Address and contact details of Opposite Party: 

 

(1)   Registered Office : House No. 233,  Bitthalapur Sikhar, Mirzapur – 231306, Uttar Pradesh, Telephone Number : _____________, Mobile Number :_______________, Email ID: navchetnafpo@gmail.com

 

(2)  Umesh Chandra Pandey, Village Bitthalpur, Sikhar, Chunar, Mirzapur – 231306, Uttar Pradesh.

 

(3)  Ranji Kant Pandey, Sikhar, Mirzapur Sadar – 231306, Uttar Pradesh.

 

(4)  Akhilesh Kumar Tripathi, Village – Goraiya, Post Office – Sikhar, Mirzapur – 231306, Uttar Pradesh.

 

(5)  Tushar Pandey, Village – Sikhar, Mirzapur – 231306, Uttar Pradesh.

 

(6)  Anju Shukla, House No. B38/113-3, Tulsipur, Mahmoorganj, Post Office – Mahmoorganj, Chhitupur, Varanasi – 221010, Uttar Pradesh.

 

(7)  Vishal Kumar Pandey, Village – Sikhar, Mirzapur Sadar – 231306, Uttar Pradesh.

 

(8)  M/s. Navchetna Agro Center Producer Company Limited, House No. 233,  Bitthalapur Sikhar, Mirzapur – 231306, Uttar Pradesh, Telephone Number : _____________, Mobile Number :_________________, Email ID: mukesh.sikhar@gmail.com

 

 

B. DETAILS OF DISPUTE        : 

 

1.Nature of dispute as per Section 2(1) (c) of The Commercial Courts Act 2015 (4 of 2016)     :           Commercial dispute arising out of the Memorandum of Understanding dated 01.06.2022, followed by the Addendum dated 01.09.2022 and Addendum dated 01.01.2024, entered into between the Claimant and Respondent No.1 for implementation of a large-scale plantation and allied project, involving breach of contractual obligations and claims for recovery of money, damages, restitution, interest, rendition of accounts and consequential reliefs..

 

2. Quantum of Claim : 

 

The Claimant's present claim is Rs.13,20,00,000/- (Rupees Thirteen Crores Twenty Lakhs only), being a conservative and presently quantified claim arising out of the breaches, deficiencies, non-performance, failure of plantation survival, inadequate maintenance, failure to undertake corrective measures, and other contractual defaults committed by the Respondent in connection with the project undertaken pursuant to the Memorandum of Understanding dated 01.06.2022, the Addendum dated 01.09.2022 and the Addendum dated 01.01.2024.

 

The aforesaid claim has been computed on the basis of the presently available records, field assessment and project reconciliation and is without prejudice to the Claimant's right to seek enhancement of the claim, if warranted upon completion of detailed forensic audit, technical verification, reconciliation of accounts and production of the complete project records by the Respondent. The present computation is deliberately conservative and does not seek to recover any amount twice under different heads.

 

Sl. No.	Head of Claim	Basis of Computation	Amount
1.	Cost of replacement saplings	Approximately 35,00,000 failed/non-surviving saplings × Rs.12/- per sapling	Rs.4,20,00,000/-
2.	Replantation, gap-filling, maintenance and corrective plantation	Approximately 35,00,000 saplings × Rs.20/- per sapling towards replantation, gap-filling, watering, monitoring, transportation, labour, maintenance and initial care	Rs.7,00,00,000/-
3.	Forensic audit, expert valuation, field verification, supervision, quality control and remediation	Presently estimated cost towards independent technical/forensic assessment, field verification, audit, supervision, quality control and consequential remediation	Rs.2,00,00,000/-
	TOTAL QUANTIFIED CLAIM		Rs.13,20,00,000/-

3. Territorial Jurisdiction of the competent court : 

 

Commercial Disputes pertaining to the Commercial Division of the High Court, Calcutta, the quantum of claim being above Rs. 1 Crore and below Rs. 14 Crore. 

4. Brief synopsis of commercial dispute : 

 

The Applicant most respectfully begs to state as follows : 

 

1.   That the Applicant, M/s. Sustainable Green Initiative Private Limited, a company duly incorporated under the Companies Act, 2013, bearing CIN No. U02000WB2022PTC253934 and having its registered office at P-41, Princep Street, 2nd Floor, Room No. 213, Kolkata–700072, West Bengal, entered into a Memorandum of Understanding dated 01.06.2022, followed by Addendums dated 01.09.2022 and 01.01.2024, with Respondent No.1 for implementation of a large-scale plantation and allied project. Under the said contractual arrangement, Respondent No.1 undertook obligations relating to plantation, replantation, maintenance, watering, protection, gap-filling, monitoring, reporting and achievement of the prescribed survival benchmarks.

 

2.   That Respondent Nos. 2 to 7 are the Directors of Respondent No.1 Company and were responsible for the management and day-to-day affairs of the Company, including its contractual dealings with the Applicant and the performance, implementation and discharge of the obligations arising under the aforesaid MOU and Addendums. Respondent No.8, Mr. Mukesh Kumar Pandey, is the Chief Executive Officer of Respondent No.1 and was duly authorised by its Board of Directors to participate in the decision-making process and to conduct the day-to-day business and affairs of the Company, particularly in relation to the Applicant and the subject project. Accordingly, Respondent Nos. 2 to 8 were directly concerned with and responsible for the acts, decisions, performance and conduct of Respondent No.1 in relation to the subject contractual arrangement.

 

3.   That in pursuance of the aforesaid contractual arrangement, the Applicant deployed substantial financial resources towards the project, and the aggregate deployment towards management fees and plantation/project accounts was approximately Rs.13,71,89,494/-, apart from the independent cost and economic value of saplings separately supplied by the Applicant. However, serious deficiencies were subsequently detected in the execution, maintenance, protection, monitoring and reporting of the plantation programme. Against the overall programme scope of approximately 67 lakh plantation/replantation interventions, only approximately 10 lakh saplings are presently estimated to have survived, resulting in substantial plantation failure. For the purpose of the present claim, the Applicant has conservatively adopted approximately 35 lakh failed saplings, without prejudice to the actual position that may emerge upon technical verification and forensic audit.

 

4.   That Respondent No.1 further failed to satisfactorily discharge its contractual obligations relating to proper utilisation and accounting of project funds and furnishing of supporting records, including invoices, vouchers, plantation registers, MIS reports, geo-tagged data, photographs, labour records and other project documents. The Applicant repeatedly called upon Respondent No.1 to explain the deficiencies and undertake corrective measures, including by issuing the Show Cause Notice dated 30.01.2026 and subsequent communication dated 07.02.2026. Thereafter, the Applicant issued the Legal Demand Notice dated 21.05.2026, demanding payment of its losses and preservation and production of the relevant project records.

 

5.   That instead of resolving the dispute, Respondent No.1 raised allegations against the Applicant and purportedly advanced a counterclaim of approximately Rs.20,00,00,000/-, which has been specifically denied and disputed by the Applicant. The Applicant thereafter issued a detailed Rejoinder Reply-cum-Legal Notice dated 29.06.2026, reiterating its claims and calling upon Respondent No.1 to furnish the necessary records and reconcile the project accounts.

 

6.   That the Applicant's present quantified claim is Rs.13,20,00,000/-, comprising Rs.4,20,00,000/- towards replacement saplings, Rs.7,00,00,000/- towards replantation, gap-filling, maintenance and corrective plantation, and Rs.2,00,00,000/- towards forensic audit, expert valuation, field verification, supervision, quality control and remediation, together with interest at 18% per annum and costs. In the alternative and without double recovery, the Applicant has quantified restitution/recovery at approximately Rs.11,66,11,070/- attributable to failed/dead plantation out of the project funds deployed.

 

7.   That the Applicant states that the present dispute is a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015, arising out of written commercial agreements concerning implementation of the plantation and allied project and involving claims for recovery, damages for breach of contractual obligations, restitution, interest, rendition of accounts and consequential reliefs. The Applicant has approached the present mediation in good faith and without prejudice to its rights and contentions, with a view to achieving a fair, commercially reasonable and comprehensive settlement of all disputes, claims and counterclaims arising out of the contractual relationship.

 

5. ADDITIONAL POINTS OF RELEVANCE : 

 

1. The claim of the Applicant is not barred by the law of limitation. 

 

2. The claim of the Applicant is not barred under any other law for the time being in force. 

 

C. DETAILS OF FEE PAID :

 

Fee of Rs. 1000/- paid by DD No.                         dated           , drawn on                                                                                            .

 

 

 

 

 

 

For Office Use:  Form received on:  File No. allotted:  Mode of sending notice to the opposite party:  Notice to opposite party sent on:  Whether Notice acknowledged by opposite party or not:  Date of Non-starter report/Assignment of commercial dispute to  Mediator:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STATEMENT OF TRUTH

 

I, ………….., being the Director of M/s. Sustainable Green Initiative Private Limited, having its registered office at P-41, Princep Street, 2nd Floor, Room No. 213, Kolkata – 700072, West Bengal, the deponent do hereby solemnly, affirm, and declare as under;

 

1. I am the Director of the Applicant Company and being authorised by the Applicant, I am competent to swear this affidavit. 

 

2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto.

 

3. I state and declare that the addresses, emails, phone, as stated in the instant application are based on records available and/or made available during the interactions with Opposite Parties as above and believed to be correct and have in use in the last 30 days to the best of my knowledge and belief. 

 

4. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the purpose of mediation.

 

 

Place: Kolkata

Date:                  2026

Deponent 

 

 

VERIFICATION

 

I, -----------------, do hereby declare that the statements made above are 

True to my knowledge. 

 

Verified at Kolkata on ___________2026

Deponent