Sonali Prashant Shinde Vs Vikram Vilasrao Salunke (NCLAT Delhi)
NCLAT Delhi held that mediation family settlement upheld since entire sum as per consent terms duly received. Accordingly, the appeals are dismissed.
Facts- On or about 14th June 2014, the Respondents filed a Petition u/s. 397, 398, 402 and 403 of the Companies Act, 1956. The Appellant appeared in the said Petition and contested it by filing Replies. Vide Order dated 11th October 2022, the Ld. NCLT appointed Shri. M. R. Bhat as a Mediator and he commenced mediation. The said mediation concluded in terms of the Minutes of Meeting dated 12th December 2022, but these Minutes even though were signed by the Appellant as well as by the Respondents were allegedly never acted upon and hence it is alleged the mediation failed.
On 9th January 2023, the Appellant sent an email to the Mediator explaining the circumstances in which the mediation was carried out and raised objections. It is alleged on 14th January 2023 the Mediator, without offering any opinion on the contentions raised by the Appellant, proceeded to finalise the Mediation by insisting upon the compliance of incomplete consent terms. The Mediator submitted three detailed Reports respectively of dated 27th November 2022, 24th January 2023 and 18th March 2023 to the National Company Law Tribunal, Mumbai. The Appellants then preferred applications. NCLT, Mumbai rejected the said applications. Hence the instant Appeal.
