Questionnaires for Counsels/ Mediators

1. What are the objectives of the interview?

i. Making the client feel at ease enough to divulge all of the case's facts and
small nuances.
ii. A conversational and empathetic mood should prevail.
iii. Ascertaining the client's intended aims and objectives
iv. Developing a plan in the intended course.

2. Describe briefly how you plan to structure the interview (topics, order, time,
etc.):
Stage 1: Saying hello to my client and inquiring as to whether she arrived at my
place comfortably.

Stage 2: Before going over the case facts, making sure the client is available to
talk about the case in-depth and whether there are any time constraints on the
meeting.

Stage 3: A detailed discussion of the policies pertaining to the advocate's fees

for the case is the following stage and a thorough explanation of the kinds of
costs that would be covered. Additionally, we will resolve if the client must pay
additional costs, like documentation fees, on his own. A verification whether the
client can afford the advocate's expenses will be done by us. It should be
negotiated (if at all possible) if he or she is unable to pay it for any reason,
including financial difficulties. If not, it's a good idea to let the client know
about alternative legal options that are available, like free legal help from state
or federal legal aid agencies.

Stage 4: To keep the advocate and client's relationship based on comfort and
trust. In accordance with the Bar Council of India's Rules, Part VI, Chapter II,
Section II, and Rule 17, the client must also be guaranteed the secrecy of the
conversation. Additionally, it was necessary to address with the client the
prohibition against leaving service under Section II, Chapter II, Part VI of the
Rules Governing Advocates of the Bar Council of India.

Stage 5: Give the client the chance to explain the case's facts and the requested
remedies.

Stage 6: Outlining the many legal stances the client can take. Additionally, the
client should be advised of all potential outcomes.
 3. What is/are the legal issue(s) involved?
The legal issues that arose in the case are the following:
i. Whether the bounce of the cheque issued to Ms. Ansari by Mr. Jain amounts
to offense u/s 138 of NI.
ii. Whether the non-payment of loan by Mr. Jain is deliberately caused or not?
4. What are the legal provisions and case laws concerned?
Section 138 of Negotiable Instrument Act, 1881 is discussed which prescribes
for a criminal offense wherein a legal right of taking the case forward under this
section arises in favour of payee if a cheque bounces due to insufficient funds in
the drawers account. The landmark judgment of Hon’ble Delhi High Court,
Dayawati vs. Yogesh Kumar Gosain, 243 (2017) Delhi Law Times 117 DB, in
which legality of referral of criminal compoundable case to mediation was
discussed and the same was affirmed in the judgment.
5. How to close the case?
It is important to end the counseling session with a good statement. The client
must be at ease disclosing every little detail about the matter. The client must be
given the chance to actively search for and select the best legal choice available.

REPORT
Date: 30th Nov
Location: SS Legal LLP, New Delhi
Mediators: Shailvi Gupta and Sana Fatma (Certified IICA Mediators)
________________________________________________________________
Parties Present:
Representative of the M/s Bajaj Finance Ltd. : Ms. Shana Naaz Ansari, CMO
Business Owner: Yogesh Jain, Director
Mediators: Shailvi Gupta and Sana Fatma
_______________________________________________________________
 Sana: Good morning/afternoon, my name is Sana Fatma, I am the Principal Associate at
SS Legal LLP. I am a certified mediator and have experience of more than 10+
years in mediation. I would like to welcome both the parties to this mediation
session.
Shailvi: Good morning/Afternoon My name is Shailvi Gupta, I am also the Principal
Associate at this law firm. I am also a certified IICA mediator and have
experience of 10+ years in mediation and conciliation. I would like to thank both
the parties for appointing us as the mediators for this session.
Sana: Would you like to have some water or tea?
Yogesh & Ansari: No, thank you…
Shailvi: Hope you didn't find it difficult to locate the firm.
Yogesh: No, we comfortably located it.
Sana: How did you get to know about our firm?
Ansari: Actually, one of my friends recommended me this firm.
Shailvi: Ms, Shana Ansari and Mr. Yogesh thank you for coming today. I would like to
state that we both are mediators certified by Delhi Mediation and Conciliation
Center and our firm has dealt with high profile mediations ranging across a wide
spectrum of Commercial Law, IPR disputes, Property Law, etc. We are glad that
you came here. Now we would like both of you to briefly give us your
introduction.
Ansari: Good morning Ma’am, I am Shana Ansari, representative of M/s Bajaj Finance
Ltd.
Yogesh: Greetings Ma’am, I am Yogesh, and I am the sole director and proprietor of M/s
Rainbow Toys Pvt. Ltd.
Sana: Great! Since Ms. Ansari is here on behalf of a corporate entity. We would like to
confirm if her respective organisation has duly authorised her to represent it in
the present mediation.
Ansari: Yes Ma’am I have been duly authorized by my company to represent it in the
present mediation. This is the authorization letter. [Shows Authorisation letter to
Mediators]
Sana: Our purpose here is to facilitate a constructive conversation between both the
parties, we focus on understanding perspectives of both the parties and working
towards a resolution that is mutually agreeable. Mediation is completely
voluntary proceeding in which parties will not be forced to agree to any
 settlement which they are not comfortable with. The settlement reached today
will not be binding on either party. if mediation fails your right before the court
will remain intact.
Shailvi: Our role here is to assist both of you in finding a mutually acceptable solution to
your dispute. This entire session will be confidential. Let’s keep ourselves open
to finding solutions. Let’s begin with Ms. Shana Ansari.
Ansari: Thank you. We at M/s Bajaj Finance Ltd. had provided an unsecured business
loan of Rupees Twenty Lakhs for 12 months to Mr. Yogesh on 06/06/2022 with
an interest rate of 3% p.a. till 06/06/23. Mr. Yogesh issued us two cheques of
amount 5 and 8 Lakhs respectively, on third month however, when we presented
these cheques to the bank for payment, they were returned due to "insufficiency
of funds" on AXIS Bank account. This has caused a substantial delay in
repayment, and despite several reminders, the situation remains unresolved.
This not only constitutes a breach of the loan agreement but also a criminal
offense u/s 138 NI. We initially approached Mr. Yogesh with reminders and
attempts to resolve the issue informally, but the repayment has not been made.
It’s been over two years and not even principal amount has been paid to us.
Shailvi: Thank you. Ms. Ansari. I understand your chief concern is the failure to repay the
loan. We will explore the specifics of your statements shortly. Now let's hear
from Mr. Yogesh, I hope you are aware of the consequences of the criminal
offence you committed, how would you respond to Ms. Shana’s concerns?
Yogesh: Thank you, Mediator. Yes, I am aware of the consequences and I completely
understand the position of Shana Ansari and the frustration caused to her.
However, the situation is not as straightforward as it may seem. I took the loan of
₹20 lakhs to capitalize on my toy business, and initially, the business was
performing well. But, due to a combination of unforeseen market conditions,
increasing operational costs, and inventory shortages, my cash flow was severely
affected.
The money from the loan was meant for raw materials, but after the initial
expenditure, the expected revenue didn’t come in as quickly as I had planned.
The cheque bounce was not intentional.
Ansari: (Interrupting) But you never honored those extensions, Mr. Jain. It’s been over
two years, and I haven’t received a single rupee back!
Shailvi: Let’s maintain calm and speak one at a time. Mr. Yogesh, you may proceed.
Yogesh: Thankyou Ma’am. I want to request some flexibility with the repayment terms
and the opportunity to restructure the debt over a more manageable period. I’m
 genuinely trying to turn my business around, but I need some time and support to
do so.
Sana : Thank you, Mr. Yogesh, for your transparency in explaining the challenges you
are facing. We understand that the business environment can be unpredictable,
and cash flow difficulties are common among small and medium enterprises.
However, the NBFC also has its interests to protect, and the loan agreement
clearly outlined certain repayment terms.
Shailvi: Ms. Ansari, What’s your take on this?
Ansari: Honestly, I’ve waited long enough. However, if Mr. Jain is serious about
repaying, I’m willing to consider a structured repayment plan with clear
deadlines.
Sana: Let’s now focus on finding a way forward. There appear to be two main points of
contention: first, the time required for repayment, and second, the question of the
loan being cleared in a way that provides Bajaj Finance with sufficient
guarantees.
To ensure we’re all on the same page, I’d like to ask: What would be a feasible
monthly repayment amount for Mr. Yogesh given his current cash flow
constraints?
Yogesh: Based on my current projections and the business’s recovery plan, I could pay ₹2
lakhs per month for the next 10 months. After that, I expect the cash flow to
improve and can increase the payment. If I get some leeway on the interest
accrual during this period, I could make additional payments in the second phase.
Once my business stabilizes, I can increase the amount.
Ansari: (Skeptical) I’ve heard this before. What guarantee do I have that you’ll stick to it
this time?
Shailvi: A valid concern. Mr. Jain, would you be willing to provide any form of security or
post-dated cheques to assure Ms. Shana Ansari?
Yogesh: I can provide post-dated cheques for the agreed amounts. Additionally, I’m
willing to sign a formal agreement outlining the repayment terms.
Ansari: That sounds better, but the total repayment should not exceed 12 months. I cannot
keep waiting indefinitely.
Shailvi: Mr. Jain, do you think you can meet the 12-month deadline?
Yogesh: I’ll do my best. If I’m allowed to increase payments after six months based on my
business recovery, I believe I can manage it.
Shailvi: Excellent. It seems we’re making progress. Let me summarize: Mr. Jain will
repay ₹20 lakhs with interest in 12 months, starting with ₹2 lakh per month and
increasing payments after 10 months. Post-dated cheques and a formal agreement
will serve as guarantees. Does this work for both parties?
Ansari: Yes, provided the agreement is detailed and binding.
Yogesh: Yes I agree.
Sana: Wonderful. I will draft the agreement for your signatures. Once signed, we can
consider this dispute resolved. Thank you both for your cooperation and being
truthful throughout the whole session. —
Ansari: Thank you, mediators for the time and consideration.
Yogesh: Firstly, thank you mediators for mediating this session very attentively and
calmly, and also thank Ms Shana for engaging throughout the session and
showing interest in continuing the relationship alive.

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