Miss Lucy
← All judgments

Sanjay Jalan vs Vasavi & Company & Anr

National Company Law Appellate Tribunal28 September 2020

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal holds that where a pre-existing dispute between the parties has been fully and finally settled by agreement after the appeal was filed, nothing survives for adjudication and the appeal is disposed of on that basis. The Tribunal further holds that, once the operational creditor has settled the claim, it is appropriate to direct the operational creditor to file an application for withdrawal of the insolvency petition under Section 12A of the Insolvency and Bankruptcy Code before the Adjudicating Authority, with the Adjudicating Authority directed to dispose of that application within a week of its filing.

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) (Ins) No. 789 of 2020IN THE MATTER OF:Sanjay Jalan ...Appellant

Vs. M/s Vasavi & Company & Anr. ...Respondents

Present: For Appellant: Mr. Nithin Chowdary Pavuluri, Advocate. For Respondents: Mr. Pulkit Shivastava, Advocate for R-1, Mr. A.Chandra Shaker, Advocate for R-2 (IRP)

ORDER

(Through Virtual Mode) 28.09.2020: It is represented on behalf of the Appellant that the claim

was fully settled in regard to the pre-existing dispute and in fact the

Appellant had prepared two Demand Drafts in full and final settlement of

the whole claim raised by the Respondent No. 1/Operational Creditor in the

Section 9, Petitions that is Rs.1,04,72,633/- in this connection the

necessary details of the demand draft run as under:

i. Vide DD. No. 503029 drawn at ICICI Bank, on 15.09.2020 for an amount of Rs.

64,16,888 (The Principle amount as claimed in C.P. (IB) No. 441/9/HDB/2019, before NCLT, Hyderabad)

ii. Vide DD. No. 503028 drawn at ICICI Bank, on 15.09.2020 for an amount of Rs.

40,55,745 (The interest claimed on the Principle amount as claimed in C.P (IB) No. 441/9/HDB/2019, before NCLT, Hyderabad)

The above offer for settlement made by the Appellant was accepted

by the Respondent No. 1/Operational Creditor on 22.09.2020 and this fact

is not disputed on behalf of the Respondent No.1/Operational Creditor. 2

Thereafter, the 'Settlement Agreement' between the Appellant and the

Respondent No. 1/Operational Creditor was signed on 22.09.2020, to settle

the entire claim of the Respondent No. 1/Operational Creditor fully and

finally.

In view of the fact that the claim/dispute between the parties had

been settled fully and finally, this Tribunal, at this stage opines that nothing

survives for Adjudication in the present Appeal and accordingly the same

is disposed of.

Before parting with the case, this Tribunal, deems it fit and proper in

directing the Applicant/Operational Creditor to file necessary withdrawal

Application before the 'Adjudicating Authority' (NCLT) Hyderabad, as per

Section 12 A of the I &B Code, within four days from today. On such

Application being filed by the Applicant/Operational Creditor, the same

shall be disposed of by the 'Adjudicating Authority' (NCLT) Hyderabad

within a week thereafter.

[Justice Venugopal M.] Member (Judicial)

[V.P.Singh] Member (Technical)

[Ms. Shreesha Merla] Member (Technial) sr/nn Company Appeal (AT) (Ins) No. 789 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