Abhishek Singh vs Findoc Finvest Private Limited
- CitationComp. App. (AT) (Ins) No. 851 of 2025
Ratio decidendi
The rule this decision rests on
The appeal is disposed of as infructuous on the parties' settlement, with the parties relegated to filing an application for settlement before the Tribunal under Section 12A read with Regulation 30A; pending that application, the Interim Resolution Professional is restrained from taking further steps save as to the CoC's decision on CIRP costs and refund of EMD to prospective resolution applicants.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Abhishek Singh ...Appellant(s)
Versus
Findoc Finvest Pvt. Ltd. & Anr. ...Respondent(s) Present: For Appellant : Mr. Anurag Ojha, Mr. Vipul Kumar, Mr. Dipak Raj, Advocates. For Respondents : Mr. Sourabh Gupta, Advocate for R-2. Mr. Gitesh Chopra, Advocate for R-1.
ORDER
(Hybrid Mode) 10.07.2025: This appeal is against the order dated 25.04.2025 passed
by the National Company Law Tribunal, New Delhi by which application
filed under Section 7 by the Financial Creditor for the Resolution of an
amount of Rs. 2,44,19,528/- as on 01.05.2022 has been admitted.
2. Counsel appearing on behalf of the appellant had submitted on
04.06.2025, that he is inclined to settle the dispute with the Financial
Creditor. On 16.06.2025, he had submitted that the negotiations are still
going on therefore, the case was adjourned for today.
3. Counsel for the appellant has produced the settlement agreement dated
07.07.2025 and submitted that the entire amount has been paid by way of
demand drafts, mentioned in paragraph 1.1 of the said agreement and the
appellant has also agreed to pay the CIRP cost.
4. In view of the settlement, Counsel for the parties have requested that
this appeal may be disposed of as having become infructuous but the IRP
may be directed not to take any further steps in terms of the order of the
CIRP.
5. The Parties have also submitted that application under Section 12A read
with Regulation 30A shall be filed before the Tribunal.
6. In view of the aforesaid facts and circumstances, the present appeal is
hereby disposed of as infructuous by relegating the parties to the remedy of
filing an application in accordance with law for settlement before the
Tribunal.
7. Till the said application is heard and decided finally, the IRP is directed
not to take any further steps except the CoC takes a decision regarding the
payment of CIRP cost and refund of the EMD to the Prospective Resolution
Applicants (PRA).
[Justice Rakesh Kumar Jain] Member (Judicial)
[Justice Mohammad Faiz Alam Khan] Member (Judicial)
[Naresh Salecha] Member (Technical) sr/rr
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