TaxTMI 
TaxTMI 
2025 (6) TMI 366
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....) [ Oral Judgment : Justice Sharad Kumar Sharma, Member ( Judicial ) ] 1. The Appellant in the Instant Company Appeal, being Company Appeal (AT)(CH) No.26/2025, is a petitioner in Company Petition No.184/241/AMR/2019, which has been the proceedings held under Sections 59, 241, 242, and 244 of the Companies Act, 2013. The proceedings thus taken by the Appellant before the Learned NCLT, the Learned NCLT has proceeded to pass a judgment on 14.12.2024, consequent to which the Learned NCLT had dismissed the Company Petition. 2. Briefly, stated the facts, which had emerged for consideration before the Learned NCLT, which were emanating from the company dispute, was with regards to the allocation of shares and also regards the aspect of m....
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....oncept of partnership is not applicable to the case on hand and the petitioner is trying to bring the concept of partnership entity only to settle personal scores with the respondents 2, 3 and 4. Thus, contending learned Senior Counsel submits that the relief of division of shares in the erstwhile partnership firms by this Tribunal therefore it is thoroughly misconceived, does not lie before this Tribunal. Hence, liable to be dismissed. My findings and analysis: Having carefully considered the submissions of the Learned Senior Counsel I am of the firm view that this Tribunal is not the proper forum to grant relief, relating to the division of shares of the erstwhile partnership firm. Therefore, this relief is hereby reject....
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....gly, in para 6 of the said memorandum the Appellant has modulated the terms and conditions under which the settle for mediation was required to be proceeded with, Para 6 which is extracted hereunder: - "6. Accordingly, the Appellant place the following requirements for the kind consideration of the Hon'ble Tribunal. a. That the Mediation be strictly confined to the issues raised in the Company Petition / Appeal and that no other issues arising out of personal relationship between the parties be considered or heard or discussed during the course of the Mediation. b. That the entire process of the Mediation be completed within a period of 2-3 Months and the Mediator shall submit his report to the Hon'ble Tribunal wi....
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....n". 7. Another issue, which was not acceptable by the Learned Counsel for the Respondent was with regards to the reservations which has been made by the Appellant that at the end of the mediation, if it fails all the contentions, which is being agitated in this Company Appeal, would be left open to be challenged and to be pursued when challenge is given to the mediation order. It is quite logical to that, when the parties have arrived at a conclusion to venture into process to settle the dispute based upon the decision to be taken by the Mediator. Obviously, both the parties are venturing to settle the dispute by virtue of consent, as graciously extended by them and hence, the cost of the mediation is to be borne by 50% by each of the pa....