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Himanshu Jain vs Satnam Global Infraprojects Limited & ...

National Company Law Appellate Tribunal16 May 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal allowed the application to take the settlement agreement on record and set aside the admission order, holding that where the operational creditor has settled the claim and the dues have been paid, and there is consequently no purpose in continuing the corporate insolvency resolution process, the CIRP may be terminated and the admission order set aside on that basis.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHII.A. No. 2040 of 2023 inCompany Appeal (AT) (Insolvency) No. 583 of 2023IN THE MATTER OF:

Himanshu Jain ...Appellant

Versus

Satnam Global Infraprojects Ltd. & Ors. ...Respondents

Present: For Appellant: Mr. Adhish Srivastava and Mr. Avdhesh Bairwa, Advocates. For Respondents: Ms. Prachi Johri, Advocate for R-3 (OC).

ORDER

16.05.2023: Heard learned counsel for the Appellant as well as learned

counsel appearing for the Respondent - Operational Creditor. This Appeal

has been filed against the order dated 26.04.2023 by which order the

application under Section 9 filed by the Operational Creditor has been

admitted.

2. An I.A. No. 2040 of 2023 has been filed, where the Settlement

Agreement between the parties dated 13.05.2023 has been brought on record

by which the parties have settled the matter and a payment of

Rs.1,28,23,428/- has already been made.

3. Learned counsel for the Operational Creditor further submits that the

IRP expenses and fee have already been paid.

Cont'd.../ 2

4. In view of the aforesaid, we allow I.A. No. 2040 of 2023 and take

Settlement Agreement dated 13.05.2023 on record. In view of the aforesaid

there is no purpose be served in continuing the CIRP further, order impugned

dated 26.04.2023 is set aside. Appeal disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

I.A. No. 2040 of 2023 in Company Appeal (AT) (Insolvency) No. 583 of 2023

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