TMI Blog2018 (12) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... onciliation 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Tribunal in a sealed cover and in case if both the parties have named in their list one or more mediators in common, the said person can be appointed for the purpose of mediation of dispute as between the parties. Both the parties have submitted the list of mediators in a sealed cover and from the list as provided by the petitioner following names have been listed, namely: - 1. Justice Asopa (Retd.) 2. Justice Kami Singh Rathore (Retd.) 3. Justice Shiv Sharma (Retd.) In relation to the respondents, they have proposed the following names as list of mediators namely: - 1. Justice S.C. Mittal (Retd.) 2. Justice Atul Kumar Jain (Retd.) 3. Justice G.K. Vyas (Retd.) 4. Justice Anoop Chand Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch number of experts from the Mediation and Conciliation Panel and the Central Government or Tribunal or the Appellate Tribunal, as the case may be, deems fit. (4) The fee and other terms and conditions of experts of the Mediation and Conciliation Panel shall be such as may be prescribed. (5) The Mediation and Conciliation Panel shall follow such procedure as may be prescribed and dispose of the matter referred to it within a period of three months from the date of such reference and forward its recommendations to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be. (6) Any party aggrieved by the recommendation of the Mediation and Conciliation Panel may file objections to the Central Government or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artered Accountant (Cell No. 94150-48306) 5. The mediators named above shall inform the parties about the commencement of mediation and strictly proceed with the mediation in accordance with the Rules as cited above namely, The Companies (Mediation and Conciliation) Rules, 2016 and complete the mediation within a period not exceeding three months from the date of their first intimation to the parties fixing the date for mediation talks. Upon receipt of the order, the mediation efforts shall commence by the mediators within a period of 10 days. The fees, if any, in relation to the mediators shall be negotiated by the parties with the mediators and shall be paid by the parties equally including the expenses which may be incurred by the med ..... X X X X Extracts X X X X X X X X Extracts X X X X
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