Court-referred mediation in company disputes, with consent mediator appointed and process terms fixed for settlement.

Connected company appeals arising from rejection of company petitions were referred to mediation after the parties indicated willingness to settle but differed on the choice of mediator. With the consent of a retired High Court Judge, the Tribunal appointed the mediator, fixed remuneration and incidental expenses to be shared equally, and directed that the process be conducted under Section 424 of the Companies Act, 2013 read with Section 89 CPC and the Companies (Mediation and Conciliation) Rules, 2016. The parties were directed to appear before the mediator on the specified date and complete the mediation within the stated sittings, with liberty to pursue remedies available in law after the mediation decision.

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Issues: Whether the connected company appeals should be disposed of by referring the parties to mediation, appointing a mediator by consent, and fixing the terms for conduct of the mediation.

Analysis: The appeals arose from rejection of company petitions under the Companies Act, 2013. The parties stated that they were willing to resolve the dispute through mediation, but there was disagreement over selection of the mediator. The Tribunal therefore secured the consent of a retired Judge of the High Court to act as mediator, fixed remuneration and incidental expenses to be shared equally, and directed that the mediation be conducted in accordance with Section 424 of the Companies Act, 2013, read with Section 89 of the Code of Civil Procedure, 1908 and the Companies (Mediation and Conciliation) Rules, 2016. The parties were directed to appear before the mediator on the specified date and to complete the process within the indicated limit of sittings.

Conclusion: The appeals were directed to be taken to mediation and were disposed of on those terms, with the parties left at liberty to pursue legal remedies available in law after the mediator's decision.

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