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TMI Blog2020 (8) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... mpeedika, Sneha Nagar, Alangad, Ernakulam, Kerala-683 511 (hereinafter referred to as the "petitioner") against Trends Polymer P. Ltd., Kaninad, Puthencruz, Ernakulam, Kerala-682 301 (hereinafter referred to as company/respondent No. 1), Peter Jacob C., Managing Director, G-1, FACT Nagar, Thrippunithura, Ernakulam, Kerala-682 301 (hereinafter referred to as respondent No. 2), Annamma Peter, W/o. Peter Jacob C., G-1, FACT Nagar, Thrippunithura, Ernakulam, Kerala-682 301 (hereinafter referred to as respondent No. 3) before this Tribunal. The brief facts of the petitions are : 1. In both the cases the petitioner is the first signatory to the memorandum of association of the company, and is one of the two promoters of the company, which was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o more acting in good faith, the petitioner filed these company petitions to wound up on just and equitable ground, yet as it is likely to prejudicially affect the interest of the petitioner, he is seeking the alternate remedy under the Companies Act, 2013. C. P. No. 60/KOB/2019 The petitioner filed the C. P. No. 60/KOB/2019 before this Bench on August 7, 2019 under sections 59, 100, 102, 115 and 241 to 244 of the Companies Act, 2013 and prayed for the following reliefs : (i) To stay the proposal of annual general meeting to be held on August 16, 2019 or restrain the board from considering, discussing or pass ing resolution mentioned under items 4, 5, or 6 of the agenda of the annual general meeting. (ii) To declare that the third res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er sections 59, 100, 241 to 244 of the Companies Act, 2013 read with 81, 119, 125, 126, 127 and other relevant rules under the National Company Law Tribunal Rules, 2016 and for the following reliefs : (i) To stay the proceedings of the proposed extraordinary general meeting to be held on May 20, 2019 under annexure A8. (ii) To declare that the third respondent is not qualified to call for a requisition of the meeting under section 100(2)(a). (iii) Direct the second respondent to discharge the liabilities towards the petitioner in terms of the memorandum of understanding, failing which, the second respondent may be directed to reverse the transactions done in terms of the memorandum of understanding and return the shares transferred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttled the dispute between them amicably on specific terms drawn in the form of a mediation agreement. In the fifth paragraph of the mediation agreement, it is stated that : "5. Both the parties agree to withdraw all the civil and criminal and company cases filed against each other before the appropriate courts, Tribunals, authorities within 15 days from the date of execution of this agreement". 6. On June 8, 2020 the counsel for the petitioner filed an application to withdraw the company petitions under rule 11 of the National Company Law Tribunal Rules. Today both the counsel appeared through video conferencing and acknowledged the same and submitted that both the parties shall comply with the mediation agreement. 7. I have perused the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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