'Companies Act, 2013 allows settlement of disputes even through Mediation and Conciliation' - Enumerate the matters which cannot be referred to Mediation and Conciliation.

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2020
'Companies Act, 2013 allows settlement of disputes even through Mediation and Conciliation' - Enumerate the matters which cannot be referred to Mediation and Conciliation.

Answer & Explanation:

As per Rule 30 of Companies (Mediation and Conciliation) Rules, 2006, 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.

Topics: Company Law

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