Mediation Strategy Divyesh

3rd INTRA MEDIATION COMPETITION 2021
Team Code:
Written Strategy for (Party Name): Mr. Divyesh Kapoor
STRENGTHS: /10
1. Mr. Divyesh in good faith made various attempts to reach Ms. Garima
through various demand letters and also tried to meet her in person so as to
iron things out.
2. However, it was Ms. Garima who has not replied to any of these letters,
and was reluntanct to meet Mr. Divyesh for reasons best known to her.
3. Further, Ms. Garima has violated the law by issuing security cheques as per
the contract, but not ensuring suffient amount in her bank accounts to
honour the same.
4. In pursuance of such violation Mr Divyesh has filed a criminal case against
Ms. Garima under section 138 of Negotiable instruments Act and also a
complaint for cheating.
WEAKNESSES: /10
1. Mr. Divyesh was bound to have known about the illegality of the sub-lease
held by Ms. Garima through the due delegence conducted by him before
entering into the contract.
2. Mr. Divyesh is also under pressure from Mr. Sandeep to supply 65,000
tonnes of granite and has already taken an investment of Rs. 100 Cores
from him.
3. Mr. Divyesh had already transferred the sum of Rs. 150 Crores to Ms.
Garima as agrees under the Principal Agreement.
4. Ms. Garima has filed criminal case against Mr. Divyesh alleging charges of
criminal intimidation and forgery.
POSITION: /15
1. Mr. Divyesh wants Ms. Garima to return the Rs. 150 Crores tranferred by
him as per the Principal Agreement.
2. Mr. Divyesh also wants interest on the above amount until the time its
returned.
3. Mr. Divyesh wants Ms. Garima to withdraw the Criminal Case filed by her.
INTERESTS: /15
1. Mr. Divyesh is under an obligation to supply 65,000 tonnes of granite to
Mr. Sandeep and he has already taken an investment of Rs. 100 Crores in
his Company. So, it would be in the best interest of the Mr. Divyesh to get
back Rs. 150 Crores he tranferred to Ms. Garima, so that he can look for
other Mining companies or vendors for Granite and supply it as quickly as
possible.
2. As Rs. 150 Crores is a huge sum, getting no return at the end of investing it
is basically a loss i.e. a loss in terms of other oportunities where it could
have been invested for actual returns. So, it is obvious and rightful for Mr.
Divyesh to claim interest on the above amount for the period it was with
Ms. Garima.
3. Filing of a Criminal case against Mr. Divyesh for forgery and criminal
intimidation would directly impact the credibility and the name of his
compay and himself. Hence, it is imperative that Ms. Garima withdraws the
said complaint.
POSSIBLE OFFERS FOR SETTLEMENT: /20
1. Mr. Divyesh and Ms. Garima entered into a contract on 14/05/2020 and the
the Mining Lease granted to Ms. Sansa was suspended in September, 2020.
Hence, there is period of four months between the two events where
mining continued to happen and was stocked for the purpose of this
contract. Ms. Garima can start off by supplying that material till the matter
of the mining lease gets solved.
2. Ms. Garima atleast returns some part of the money given by Mr. Divyesh,
so that he can atleast start running the wheels with some other vendor or
mining company. The remaining sum can be returned on a date which can
be negotiated by the parties.
3. If, the second offers is beeing taken, then Ms. Garima shall also pay
interest on the amount of Rs. 150 Crores and for the time period she takes
to return such amount. As per standards a 12% interest P.A shall be the rate
of interest.
4. Ms. Garima also has to withdraw the Criminal Complaint made against Mr.
Divyesh.
BATNA: /20
However, if the Mediation process is not fruitful then the best alternative available
for Mr. Peter has a straightfoward procedure under the Commercial Courts act,
2015 which provides for a summary procedures and short timelines for dispossal
of Commercial disputes. Mr. Divyesh can also file an application for a summary
judgment, before the commercial court to further shorten the time taken for the
disposal of the case. Under the summary procedure if the Court sees that there is
no real prospect for the defendant in defending the claim and the court does not
find any compelling reason as to why the claim should not be disposed of before
recording of oral evidence.
Along with this Mr. Divyesh will continue pressing his charges under section 138
of the Negotiable instruments act. 1881.

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3rd INTRA MEDIATION COMPETITION 2021

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