# In the matter of Container Corporation of India Ltd. vs. Roadwings International Pvt. Ltd. & Anr.

> NCLAT judgment dated 2024-07-09. Citation: TCN-2024-NCLAT-00336. The case involves an appeal filed by Container Corporation of India Ltd. (CONCOR) against…

- **Court:** NCLAT
- **Order date:** 9 Jul 2024
- **Citation:** TCN-2024-NCLAT-00336
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/container-corporation-of-india-ltd-vs-roadwings-international-pvt-ltd-anr-8aa2685f

## Summary

### Background

The case involves an appeal filed by Container Corporation of India Ltd. (CONCOR) against Roadwings International Pvt. Ltd. & Anr. The appeal pertains to an Interlocutory Application (I.A. No. 4590 of 2024) seeking to allow the appeal based on a settlement reached between the parties. The settlement was allegedly made in view of the Government of India's 'Vivad se Vishwas-II' scheme. The respondent had previously filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, which was admitted by the Tribunal. This order was challenged by the appellant.

## Facts

Container Corporation of India Ltd. (CONCOR) filed an appeal against Roadwings International Pvt. Ltd. & Anr. An Interlocutory Application (I.A. No. 4590 of 2024) was filed to allow the appeal based on a settlement dated 03.07.2024. The settlement was allegedly reached under the Government of India's 'Vivad se Vishwas-II' scheme. Roadwings International Pvt. Ltd. had filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, which was admitted by the Tribunal on 12.07.2023. CONCOR challenged this order. Roadwings International Pvt. Ltd. filed claims under the scheme on 31.08.2023 for Rs. 67,24,23,278/-. CONCOR made a counter offer of Rs. 38,04,84,291.85/- on 06.05.2024, which Roadwings International Pvt. Ltd. accepted on 04.06.2024.

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## Issues and analysis

### Issue 1: Whether the appeal should be allowed based on …

**Ratio:** A settlement reached between parties in a legal dispute can form the basis for resolving

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**Reasoning:** The court reasoned that the parties had reached a settlement, as evidenced by the

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**Interpretation:** This issue involves the interpretation of the principles of settlement in legal

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**Application:** The court applied the ratio to the specific facts of the case, noting that the

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Container…
- **Respondents:** Roadwings…
- **Advocates:** Krishnendu…; Abhishek S…; +2 more

## Timeline

- **2023-07-12 — Tribunal Admits…**: The Tribunal admitted an application under Section 9 of the Insolvency & Bankruptcy Code,…
- **2023-07-14 — Order Passed Staying Adjudicating Authority's…**: An order was passed stating that the order passed by the Adjudicating Authority dated…

## 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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