# In the matter of Ashish Choudhery Vs. Unipik Automation Solutions & Anr. CA(AT)(Insolvency) No. 544-2019

> NCLAT judgment dated 2019-06-10. Citation: TCN-2019-NCLAT-00513. The case involves an appeal against the order of the Adjudicating Authority (National Company…

- **Court:** NCLAT
- **Order date:** 10 Jun 2019
- **Citation:** TCN-2019-NCLAT-00513
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ashish-choudhery-vs-unipik-automation-solutions-anr-ca-2f3c3bce

## Summary

### Background

The case involves an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, which admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) against Choudhery Cheese Bazar Pvt. Ltd. (Corporate Debtor). The appeal was preferred by Mr. Ashish Choudhery, a shareholder of Choudhery Cheese Bazar Pvt. Ltd. The Respondent, M/s. Unipik Automation Solutions, had filed the application under Section 9 of the I&B Code.

## Facts

M/s. Unipik Automation Solutions filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Choudhery Cheese Bazar Pvt. Ltd. The Adjudicating Authority admitted the application on April 23, 2019. Mr. Ashish Choudhery, a shareholder of Choudhery Cheese Bazar Pvt. Ltd., appealed the order. The Appellant and Respondent intended to settle the matter before the Committee of Creditors was constituted. The Appellant settled the matter with M/s. Unipik Automation Solutions, who received demand drafts of Rs. 75,502. The Respondent paid Rs. 2,00,000 to the Interim Resolution Professional, which was later reimbursed. The Interim Resolution Professional incurred costs of Rs. 1,13,000. The parties settled the matter before the constitution of the

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## Issues and analysis

### Issue 1: Whether the appeal against the Adjudicating Authority's order should be allowed given the …

**Ratio:** The principle of allowing parties to settle disputes amicably before the constitution of

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**Reasoning:** The court considered the fact that the parties had settled the matter prior to the

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**Interpretation:** The court interpreted the legal position to allow for settlement between

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**Application:** The court applied this principle to the present case, where the Appellant and

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** Ashish Cho…
- **Respondents:** Choudhery Cheese…; M/s. Unipik…
- **Advocates:** Nikhil…; Sumit K.…

## Timeline

- **2019-04-23 — Impugned…**: Adjudicating Authority admitted the…
- **2019-05-21 — Settlement In…**: Appellant submitted that the Appellant intends…

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