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2021 (10) TMI 298 - Tri - Insolvency and BankruptcyCondonation of delay of 56 days in filing application under section 9 of the Code - Section 5 of the Limitation Act, 1963 r/w. Section 238A of the Insolvency & Bankruptcy Code, 2016 - Seeking permission to correct the date of default in Part-IV of Application under section 9 of the Insolvency & Bankruptcy Code, 2016 - seeking amendment of original petition under Rule 11 of the National Company Law Tribunal Rules, 2016 - HELD THAT:- As per Rule 20(c)(i), (iii) & (iv), views expressed by a party in the course of the mediation/conciliation proceedings or the proposals made or views expressed by the mediator/conciliator and admission made by a party in the course of mediation/conciliation proceeding shall not rely on or introduce the said information in other proceedings. When we consider the case in hand then we notice that although the settlement agreement was arrived in between the parties and the matter was referred to the concerned court under Rule 25 of the Mediation Rules but the applicant has failed to produce any document to show that the concerned court has passed any order as required under Rule 25 of the Mediation Rules. Therefore, in view of the Rule 25 of the Mediation Rules, unless an order has been passed by the concerned court, the settlement arrived in between the parties before the Mediator cannot be treated as a decree. And in view of Rule 20 of the Mediation Rules, views expressed by a party in the course of the mediation/conciliation proceedings or the proposals made or views expressed by the mediator/conciliator and admission made by a party in the course of mediation/conciliation proceeding shall not rely on or introduce the said information in other proceedings. Application dismissed.
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