Dhanik lodged an instrument for transmission of equity shares of Mayurika Constructions Private Ltd. The Company refused to register transmission due to certain discrepancies like non-execution of proper instrument, etc,

CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2024
Dhanik lodged an instrument for transmission of equity shares of Mayurika Constructions Private Ltd. The Company refused to register transmission due to certain discrepancies like non-execution of proper instrument, etc, noticed while processing the request from Dhanik. Within twelve days of receipt of the instrument, the Company sent notice of refusal to him. Dhanik was sure of the documentation he had filed with the Company and was alleging that there was a wrong doing within the Company, for refusing the transmission of shares. Dhanik has filed an appeal before NCLT under the Companies Act, 2013 to resolve the matter. Considering the time and cost involved, both the parties agreed to initiate Mediation and Conciliation Proceedings. In this background, Dhanik reached out to you, to help him with the procedure. Advise Dhanik on this matter.

Answer & Explanation:

Dhanik and the Company may agree on the name of the sole mediator or conciliator for Mediation or conciliation between them. Further, the application to the Central Government or the NCLT or NCLAT for referring the matter pertaining to any proceeding pending before it for mediation or conciliation can be made in Form MDC-2 with a fee of one thousand rupees. According to rule 11 of the Companies (Mediation and Conciliation) Rules, 2016, for the purposes of mediation and conciliation, the mediator or conciliator shall follow the following procedure, namely:- he shall fix, in consultation with the parties, the dates and the time of each mediation or conciliation session, where all parties have to be present; he shall hold the mediation or conciliation at the place decided by the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, or such other place where the parties and the mediator or conciliator jointly agree; he may conduct joint or separate meetings with the parties; each party shall, ten days before a session, provide to the mediator or conciliator a brief memorandum setting forth the issues, which need to be resolved, and his position in respect of those issues and all information reasonably required for the mediator or conciliator to understand the issue and a copy of such memorandum shall also be given to the opposite party or parties: Provided that in suitable or appropriate cases, the above mentioned period may be reduced at the discretion of the mediator or conciliator; each party shall furnish to the mediator or conciliator such other information as may be required by him in connection with the issues to be resolved.

Topics: Mediation and Conciliation

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