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2018 (12) TMI 1548 - Tri - Companies LawMediation and Conciliation - parties to the proceeding during the proceedings pending before this Tribunal as entitled to apply for mediation - Held that:- From a perusal of Section 442 as extracted above, it is seen that by virtue of Sub-section 2 of Section 442, any of the parties to the proceeding during the proceedings pending before this Tribunal is entitled to apply for mediation. A further reading of Section 442, more particularly sub-section 3 of Section 442 also gives suo motu powers to this Tribunal to refer any matter pertaining to the proceedings to such number of experts from the Mediation and Conciliation Panel. The provision of Section 442 has been made effective on and from 1.04.2014 and the Central Government has also framed the rule 6 titled as The Companies (Mediation and Conciliation) Rules, 2016. Further, Central Government has also notified a Mediation and Conciliation Panel as displayed in the website maintained by Ministry of Corporate Affairs. In the present instance as already stated, even though the parties are in consensus for mediation but has failed to reach the consensus in relation to the mediator to whom the matter can be referred to for mediation. Taking into consideration the provisions of Section 442 of Companies Act, 2013 as well as the Rules as referred to above and the Mediation and Conciliation Panel as notified by the Central Government, the following two persons are appointed as mediators to mediate as between the parties.
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