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Prem Singh Rao vs V K R Projects Private Limited

National Company Law Appellate Tribunal9 November 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The order rests on a settlement between the parties, recorded before the Tribunal, which the Operational Creditor fairly accepts as bringing the Section 9 proceedings to an end. The Tribunal closes the CIRP, sets aside the impugned admission order, and takes the settlement on record. No reasoning beyond acceptance of the settlement and the consequential disposal is stated.

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

Judgment

As delivered

-1-NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Company Appeal (AT) (Ins.) No. 1460 of 2023 IN THE MATTER OF: Prem Singh Rao ....Appellant

Vs.

V K R Projects Pvt. Ltd. ....Respondent

Present: For Appellant: Mr. Abhijeet Sinha, Mr. Kunal Kanungo, Mr. Mohit Singhvi, Advocates. For Respondent: Mr. Anurag Kalavatiya, Ms. Akshita Koolwal, Mr. Madhav Reddy, Advocates.

ORDER

09.11.2023: Heard Learned Counsel for the appellant as well as Learned

Counsel for the Operational Creditor.

2. This appeal has been filed against an order dated 31.08.2023 by which

order Section 9 application filed by the Operational Creditor has been admitted.

Learned Counsel for the appellant submits that before filing this appeal Civil

Writ Petition No. 13370 of 2023 was filed in the High Court of Rajasthan in

which orders were passed where the amount of Rs. 7.3 crores was deposited

with the Registrar.

3. Today when the matter was heard Learned Counsel for the appellant

submitted that he has already filed an I.A. with Diary No. 48384 of 2023 where

settlement between the parties have been brought on record which was entered

on 08.09.2023.

4. As per the settlement parties have settled their dispute and payments

have been made to the Operational Creditor. Counsel for the Operational -2-

Creditor submits that two cheques given are postdated cheques. We record the

said statement.

5. In view of the settlement between the parties where entire debt is settled

between the parties, the counsel for the Operational Creditor fairly submits

that proceedings under Section 9 be not continued any further.

6. In view of the aforesaid, we close the CIRP, set aside the order impugned

and take the settlement on record.

7. The appeal is disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

sa/nn

Company Appeal (AT) (Ins.) No. 1460 of 2023

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