2026 (1) TMI 22

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....mar Sharma, Member (Judicial) These are two company appeals, CA (AT) (CH) No.83/2025 & CA (AT) (CH) No.86/2025, which had been preferred by the Appellants invoking Section 421 of the Companies Act, 2013, where the Appellants had expressed their grievances, as against the impugned order dated 04.12.2024, as it was passed in CP No.179/241/AMR/2019 and CP No.180/241/AMR/2019, respectively. 2. The impact of the impugned order had been that, the Appellants who had preferred the Company Petition by invoking the provisions contained under Section 59, Section 241, to be read with Section 242, Section 244 of the Companies Act, 2013, the same has been rejected by the impugned order. 3. The company appeals are accompanied with, IA No.796/2025....

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....s. 7, 8 & 9, by a substitutive mode of service. Thereafter the matter was listed on 08.09.2025 and 10.10.2025, but couldn't be taken up. 6. When the matter was taken up today, the learned counsels for the parties to the Company Appeals, had made a unanimous statement that, parties to both these company appeals are open to resolve their dispute through mediation. 7. They submitted that, in a related appeal, that is, Company Appeal (AT) (CH) No.26/2025, Mr. Kandimalla Bhaskar VS Amaravathi Textiles Pvt. Ltd. & Ors., where the Appellants and some of the Respondents of the instant Appeals were parties to the proceedings, it has been ordered by this Appellate Tribunal vide its order dated 07.04.2025 that the parties to the proceedings may ....

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....ndent Company. d. That all the contentions, facts in issues, questions of laws etc., as part of the Appeal remain open to be pursued by the Appellant in the event the Mediation fails". 6. In accordance with the terms contained in para 6, as extracted above, the mediation was supposed to be held between the parties in relation to the controversies, which were the subject matter of the Company Petition and in continuation in the Appeal too, arising out of the personal relationship between the parties and the entire process of mediation was settled to be concluded within a period of two or three months and the Mediator was required to submit his report before the Learned Tribunal, upon conclusion of mediation. The controversi....

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....e stalemate prevails and hence the parties agreed that, if this Appellate Tribunal appoints a retired Hon'ble Judge of a High Court as a Mediator, it would be acceptable by them, and that they would be effectively and willingly participating in the proceedings before the Mediator, as ordered by this Appellate Tribunal. 10. We made earnest efforts to contact the Hon'ble retired judges of Hon'ble High Court of Andhra Pradesh. Ultimately, our efforts have borne fruit, when his Lordship Hon'ble Justice Mr. M. Satyanarayana Murthy, the former judge of the Hon'ble High Court of Andhra Pradesh, was gracious enough to extend his consent to undertake the mediation for the matters contained in CA (AT) (CH) No. 26/2025 as well as the instant two co....