Ruhi, Managing Director of Forever Sisters Private Ltd, was the founder of the Company along with her sister and few other friends. The Company was doing well initially, they had raised few rounds of funding from angel i

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2024
Ruhi, Managing Director of Forever Sisters Private Ltd, was the founder of the Company along with her sister and few other friends. The Company was doing well initially, they had raised few rounds of funding from angel investors. After couple of years, Ruhi, was inflating the revenue to honour her commitment to the investors and this continued for more than one year. The investors had a suspicion about the Company's operation and an external audit was conducted, wherein the fraud committed by Ruhi was identified. The investors filed a case against Ruhi for the fraud perpetrated by her. After going through legal challenges for six months, Ruhi wants to settle the case through mediation or conciliation. Referring to the provisions of Companies (Mediation and Conciliation) Rules, 2016, evaluate whether Ruhi will be able to get the case settled through mediation or conciliation.

Answer & Explanation:

Rule 30 of the Companies (Mediation and Conciliation) Rules, 2016 provides the provision relating to Matters that are not to be referred to the mediation or conciliation. As per rule 30, the following matters shall not be referred to mediation or conciliation, namely: (a) the matters relating to proceedings in respect of inspection or investigation under Chapter XIV of the Act; or the matters which relate to defaults or offences for which applications for compounding have been made by one or more parties. (b) cases involving serious and specific allegations of fraud, fabrication of documents forgery, impersonation, coercion etc. (c) cases involving prosecution for criminal and non-compoundable offences. (d) cases which involve public interest or interest of numerous persons who are not parties before the Central Government or the Tribunal or the Appellate Tribunal as the case may be. In view of the above said rule, it can be said that Ruhi will not be able to get the case settled through Mediation or Conciliation as the investors have filed a case for the fraud against her. Cases involving serious and specific allegations of fraud, fabrication of documents forgery, impersonation, coercion etc. cannot be referred to mediation or conciliation, as per Rule 30 of the Companies (Mediation and Conciliation) Rules, 2016.

Topics: Companies Act, 2013

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