# In the matter of Ashish Prakash Chandra Gandhi Vs. Trau Bros NV & Anr.

> NCLAT judgment dated 2020-03-05. Citation: TCN-2020-NCLAT-00335. The matter pertains to Company Appeal (AT) (Insolvency) No. 323 of 2020 before the National…

- **Court:** NCLAT
- **Order date:** 5 Mar 2020
- **Citation:** TCN-2020-NCLAT-00335
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ashish-prakash-chandra-gandhi-vs-trau-bros-nv-anr-efb08553

## Summary

### Background

The matter pertains to Company Appeal (AT) (Insolvency) No. 323 of 2020 before the National Company Law Appellate Tribunal, New Delhi. The appellant, Ashish Prakash Chandra Gandhi, and the respondents, Trau Bros NV & Anr., have amicably settled the matter through consent terms reduced to writing on March 2, 2020. A copy of the consent terms was produced before the court.

## Facts

Ashish Prakash Chandra Gandhi filed an appeal against Trau Bros NV & Anr. before the NCLAT. The parties reached an amicable settlement, documented in consent terms dated March 2, 2020. The settlement involved payment terms outlined in Para 3 of the consent terms. As part of the settlement, Respondent No. 1 was required to withdraw the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The consent terms covered the fees of the Resolution Professional and resolution costs, which the IRP confirmed had been paid. The Corporate Debtor was released from the Corporate Insolvency Resolution Process.

## Issues and analysis

### Issue 1: Whether the appeal can be disposed of based on …

**Ratio:** When parties to a dispute reach an amicable settlement and document the terms in writing,

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**Reasoning:** The court considered the submissions of both parties, who confirmed the settlement. The

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**Interpretation:** This reflects the principle that courts encourage and respect settlements

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**Application:** The court applied this principle by accepting the consent terms and disposing

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## Parties

- **Judges:** Bansi Lal…; Shreesha…; +1 more
- **Appellants:** Ashish Prakash…
- **Respondents:** Trau Br…
- **Advocates:** Arun Kath…; Saurabh…; +8 more

## Timeline

- **2020-03-02 — Consent Terms…**: The parties amicably settled the matter,…
- **2020-03-05 — Order Is…**: The NCLAT disposed of the appeal based on the consent terms, releasing the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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