# In the matter of Sonali Prashant Shinde & Ors. vs. Vikram Vilasrao Salunke & Ors.

> NCLAT judgment dated 2025-10-15. Citation: TCN-2025-NCLAT-00533. The appeals challenge an order dated October 3, 2023, which disposed of two Interlocutory…

- **Court:** NCLAT
- **Order date:** 15 Oct 2025
- **Citation:** TCN-2025-NCLAT-00533
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sonali-prashant-shinde-ors-vs-vikram-vilasrao-salunke-ors-d58e74a1

## Summary

### Background

The appeals challenge an order dated October 3, 2023, which disposed of two Interlocutory Applications (IAs) in a Transfer Company Petition. The appellants sought a declaration that consent terms from January 7, 2023, resulting from mediation, were unenforceable and should be set aside.

## Facts

The respondents filed a petition under Sections 397, 398, 402 and 403 of the Companies Act, 1956 on June 14, 2014. The appellant contested this petition by filing replies. On October 11, 2022, the NCLT appointed Shri M. R. Bhat as a Mediator, who then commenced mediation proceedings between the parties. The mediation concluded with Minutes of Meeting dated December 12, 2022, which were signed by both the appellant and respondents. However, these minutes were allegedly not acted upon, leading to the claim that the mediation failed. Subsequently, on January 9, 2023, the appellant emailed the Mediator, raising objections regarding the circumstances of the mediation and alleging that the Mediator insisted on compliance with incomplete consent terms on January 14, 2023. The

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## Issues and analysis

### Issue 1: Whether the consent terms dated January 7, 2023, are unenforceable due to vitiated consent caused …

**Ratio:** Consent terms are not unenforceable on grounds of duress, coercion, or undue influence if

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**Reasoning:** The NCLAT found that the appellants failed to provide specific facts or evidence to

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**Interpretation:** The court interpreted Sections 10, 14-19, 15, and 16 of the Indian Contract

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**Application:** The court applied this interpretation by noting that the appellants' claims of

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## Parties

- **Judges:** Yogesh K…; Ajai Das Me…
- **Appellants:** Sonali Prashant…; Accurate Engineeri…
- **Respondents:** Accurate Engineeri…; Vikram Vilasrao…; +1 more
- **Other parties:** M. Raghunat…
- **Advocates:** Sanjay Kuma…; Sushil Ni…; +10 more

## Timeline

- **June 14, 2014 — Petition…**: Respondents filed Petition No. 56 of 2014 under Sections 397, 398, 402, and 403 of the…
- **October 11, 2022 — Mediator ap…**: NCLT appointed Shri M. R. Bhat…

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