# In the matter of Aman Nagar Vs. Amit Agnihotri & Ors. CA(AT)(Insolvency) 88 -2019

> NCLAT judgment dated 2019-02-28. Citation: TCN-2019-NCLAT-00755. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 28 Feb 2019
- **Citation:** TCN-2019-NCLAT-00755
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aman-nagar-vs-amit-agnihotri-ors-ca-9c23c911

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The appellant and respondents have settled the matter prior to the constitution of the Committee of Creditors. The Adjudicating Authority had already allowed the respondent to withdraw the application filed under Section 7 of the Insolvency and Bankruptcy Code (I&B Code).

## Facts

The appellant and respondents in the insolvency case have settled their dispute before the Committee of Creditors was formed. The Adjudicating Authority had already permitted the respondent to withdraw the application filed under Section 7 of the I&B Code. The appellant's counsel informed the court about the settlement. The order dated 11th February 2019 was presented. As a result of the settlement and the Adjudicating Authority's order, the appeal became infructuous.

## Issues and analysis

### Issue 1: Whether the appeal should be disposed of as infructuous due to the settlement between the parties …

**Ratio:** When parties to an appeal settle their dispute, and the Adjudicating Authority has

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**Reasoning:** The court reasoned that since the parties have settled the matter before the constitution

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**Interpretation:** The interpretation is that a settlement between parties, coupled with the

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**Application:** In this specific case, the appellant and respondents settled their dispute, and

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Aman N…
- **Respondents:** Amit Agnihotri &…

## Timeline

- **2019-02-11 — Order Da…**: Order dated 11th…
- **2019-02-28 — Appeal Di…**: Learned counsel submits parties settled the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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