TMI Blog2020 (9) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... ses , he had raised his invoice to an extent of ₹ 53,000/- etc. - In view of the fact that, the Memorandum of Understanding dated 01.09.2020, was reached between the Parties culminating in settlement, this Tribunal recording the said fact disposes of the Appeal, but without costs. This Tribunal deems it fit and proper in directing the Resolution Professional, Mr. Naresh Kumar Munjal to file an Application under Section 12A of the I B Code 2016, for Withdrawal of Application before the Adjudicating Authority, within three days from today, without any delay. Soon after filing of the withdrawal of Application in terms of Section 12A of the Code, the Adjudicating Authority shall do the needful in this regard, within a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order to be passed by the Hon ble NCLT, towards his fee. 1.3 Pay to the RP amount towards miscellaneous expenses at actuals with an upper limit of ₹ 50,000/- (Rupees Fifty Thousand only). 1.4 Provide to the First Party TDS certificate for a sum of ₹ 2,74,212/- (Rupees Two Lakhs Seventy Four Thousand Two Hundred and Twelve only) for the amount of TDS deducted in the financial year 2013-14 and Rs, 2,05,000/- (Rupees Two Lakhs Five Thousand only) for the financial year 2014-15 immediately but in any case not later than 01 (one) month from the date of execution of this MOU. In case the Second Party or Company fails to provide the TDS Certificates within specified timeline, the Second Party and Company jointly and several ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Insolvency Application or file fresh application as the case may be and/or any other appropriate legal proceedings. 6. That the Parties further confirm that till date they have not initiated any complaints, suit, cases etc. (except the Insolvency Application and the Appeal filed before the Hon ble NCLT and Hon ble NCLAT, respectively), in any Court, Authority, Police station etc. against each other. The Parties further undertakes that upon the compliance of the terms as mentioned in Clause 1 above by the Second Party and Company, they shall not file any suit, complaint before any court or police or Authority with respect to the instant claim and their entire grievances with respect to the same shall stand settled in full and final. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... executed this MOU out of their free will and full knowledge of all the facts. 12. That the Parties mutually undertake that this MOU has been concluded without any coercion, undue influence, threat etc. The terms of this MOU are binding on both the Parties respectively. 13. That all claims, disputes, conflicts of the First Party against the Company shall be finally considered as settled for once subject to fulfilment of the terms of this MOU. 14. That two copies of this MOU have been executed and a copy each of which will be retained by both the Parties. 15. This MOU shall be governed by the laws of India and the courts of New Delhi alone shall have jurisdiction over any dispute arising out of this MOU, including inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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