Miss Lucy
← All judgments

Rahul Gupta vs G Trans Logistics India Pvt Ltd & Ors

National Company Law Appellate Tribunal11 June 2020

Ratio decidendi

The rule this decision rests on

The Tribunal, having been satisfied that the operational creditor's claim has been settled and that no Committee of Creditors has yet been constituted, may take settlement terms on record under its rules and dispose of the appeal in accordance with them, where the settlement is admitted by the operational creditor and the Interim Resolution Professional raises no objection. Where the exit route from the Corporate Insolvency Resolution Process is available prior to the constitution of the Committee of Creditors, the Tribunal may, on settlement between the corporate debtor and the operational creditor, set aside the order admitting the application and commencing the process, direct closure of the proceedings before the Adjudicating Authority, and release the corporate debtor from the process so that it functions through its Board of Directors. An Interim Resolution Professional whose services are terminated at this stage is entitled to a consolidated fee fixed by the Tribunal having regard to the period of work done, expenses incurred in issuing the public announcement and other steps, and costs of appeal proceedings, with credit given for any sum already paid in advance. Where a corporate debtor fails to comply with the agreed payment terms under such a settlement, the operational creditor may apply to the Adjudicating Authority for revival or restoration of the Corporate Insolvency Resolution Process.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 537 of 2020IN THE MATTER OF:

Rahul Gupta ...Appellant

Versus

G Trans Logistics (India) Pvt. Ltd. & Ors. ...Respondents

Present:

For Appellant: Mr. Krishnendu Datta and Mr. Puneet Singh Bindra, Advocates.

For Respondents: Ms. Radhika Rai, Advocate for R-1. Mr. Paraven Sehrawat, Advocate for R-3 (IRP) with Mr. Hardev Singh, IRP.

ORDER

(Through Virtual Mode)

11.06.2020: I. A. No. 1389 of 2020 has been moved in this appeal by the

Appellant- Director and Shareholder of the Corporate Debtor seeking to place on

record the Terms of Settlement Agreement executed between the Appellant and

the Respondent - Operational Creditor. Mr. Krishnendu Datta, Sr. Advocate

representing the Appellant submits that the claim of Respondent - 'G Trans

Logistics (India) Pvt. Ltd.' (Operational Creditor) has been settled and in terms of

the Settlement Agreement the Corporate Debtor has agreed to pay a sum of

Rs.85.00 Lakh as full and final settlement of all claims of the Operational

Creditor. Such sum is agreed to be paid in instalments as specified in the

Settlement Agreement.

-2-

2. Learned counsel for Respondent No. 1 - Operational Creditor, Ms. Radhika

Rai when confronted with this Settlement Agreement admitted execution of the

Settlement Agreement inter-se the Appellant/Corporate Debtor and the

Operational Creditor. She stated that the Operational Creditor is agreeable to

the payment of Rs.85.00 Lakhs towards full and final settlement of its claim and

resolution of all disputes in the manner and as per mode specified in the

Settlement Agreement.

3. Mr. Praveen Sehrawat, Advocate representing the Interim Resolution

Professional (Respondent No. 3) submits that the Interim Resolution Professional

has issued the public announcement but Committee of Creditors has not been

constituted so far. It is further submitted that no claim has been received as of

now.

4. In terms of dictum of Hon'ble Apex Court as laid down in 'Swiss Ribbons

Pvt. Ltd. & Anr. Vs. Union of India & Ors.', Writ Petition (Civil) No. 99/2018 (para

52) dated 25th January, 2019 (2019 SCC OnLine SC 73), the exit route from the

Corporate Insolvency Resolution Process being available prior to constitution of

Committee of Creditors, we find that this is a fit case for exercise of Rule 11 of

National Company Law Appellate Tribunal Rules, 2016 to allow the settlement

and to take Settlement Terms on record.

Company Appeal (AT) (Insolvency) No. 537 of 2020 -3-

5. We accordingly take the Settlement terms on record and dispose of the

appeal in terms of this Settlement Agreement. The impugned order dated 2nd

June, 2020 by virtue whereof the application under Section 9 preferred by

Respondent No. 1 - Operational Creditor was admitted and Corporate Insolvency

Resolution Process was commenced and all actions taken pursuant thereto are

set aside. The Adjudicating Authority (National Company Law Tribunal), New

Delhi Bench-V is directed to close the case. The Corporate Debtor is released

from the rigour of Corporate Insolvency Resolution Process and will function

through its Board of Directors. The Interim Resolution Professional will hand

over assets and records of the Corporate Debtor, immediately.

6. Mr. Praveen Sehrawat, learned counsel representing the Interim

Resolution Professional submits that Interim Resolution Professional has been

paid a fee of Rs.50,000/- by the Appellant in advance. However, having regard

to the period for which he has worked and also the expenses he has incurred for

issuing public announcement, taking other steps during the Corporate

Insolvency Resolution Process and engaging a counsel in these appeal

proceedings, we deem it appropriate to allow a consolidated amount of

Rs.1.50 Lakh inclusive of Rs.50,000 paid as fee in advance. The balance amount

of Rs.1.00 Lakh shall be paid by the Appellant within one week to the Interim

Resolution Professional.

Company Appeal (AT) (Insolvency) No. 537 of 2020 -4-

7. In the event of the Appellant/ Corporate Debtor not adhering to the terms

of the Settlement Agreement, as regards the payment in term of mode and

schedule agreed upon, it shall be open to the Operational Creditor to approach

the Adjudicating Authority for revival/ restoration of the Corporate Insolvency

Resolution Process proceedings.

8. This order be communicated to the learned Adjudicating Authority for

information and compliance. A certified copy of this order be also provided to

the parties today itself.

[Justice Bansi Lal Bhat] Acting Chairperson

[Justice Anant Bijay Singh] Member (Judicial)

[Dr. Ashok Kumar Mishra] Member (Technical) am/gc

Company Appeal (AT) (Insolvency) No. 537 of 2020

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free