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.
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Sl. No.
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Head of Claim
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Basis of Computation
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Amount
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1.
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Cost of replacement saplings
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Approximately
35,00,000 failed/non-surviving saplings × Rs.12/- per sapling
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Rs.4,20,00,000/-
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2.
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Replantation, gap-filling, maintenance and
corrective plantation
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Approximately
35,00,000 saplings × Rs.20/- per sapling towards replantation, gap-filling,
watering, monitoring, transportation, labour, maintenance and initial care
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Rs.7,00,00,000/-
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3.
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Forensic audit, expert valuation, field
verification, supervision, quality control and remediation
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Presently
estimated cost towards independent technical/forensic assessment, field
verification, audit, supervision, quality control and consequential
remediation
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Rs.2,00,00,000/-
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TOTAL QUANTIFIED CLAIM
|
|
Rs.13,20,00,000/-
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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 :
- The claim of the Applicant is not barred by the law of limitation.
- 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 .
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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:
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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
