# In the matter of Divya Arora vs. Puma Realtors & Ors. ,Company Appeal (AT) (Insolvency) No. 1330 of 2022

> NCLAT judgment dated 2022-12-15. Citation: TCN-2022-NCLAT-00022. The appeal was filed against an order dated 2022-09-07, which rejected I.A. No. 5481 of 2021…

- **Court:** NCLAT
- **Order date:** 15 Dec 2022
- **Citation:** TCN-2022-NCLAT-00022
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/divya-arora-vs-puma-realtors-ors-company-appeal-a653d6e8

## Summary

### Background

The appeal was filed against an order dated 2022-09-07, which rejected I.A. No. 5481 of 2021 filed by the Appellant. The Respondents' counsel stated that they are entering into negotiations with the Appellant. An I.A. No. 4799 of 2022 was filed by the Appellant, stating that a settlement has been entered into between the parties, under which the Appellant has agreed to provide the plot and flat. The Appellant sought permission to withdraw the appeal.

## Facts

The Appellant, Divya Arora, filed an appeal against an order dated 2022-09-07, which rejected I.A. No. 5481 of 2021. During the proceedings on 2022-11-07, the Respondents' counsel indicated ongoing negotiations with the Appellant. Subsequently, the Appellant filed I.A. No. 4799 of 2022, informing the court that a settlement had been reached, wherein the Appellant agreed to provide a plot and flat. A settlement agreement dated 2022-12-09 was filed. The Appellant then requested permission to withdraw the appeal, which the court granted.

## Issues and analysis

### Issue 1: Whether the Appellant should be permitted to withdraw the appeal based on the settlement agreement …

**Ratio:** A party is generally permitted to withdraw an appeal if a settlement has been reached and

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**Reasoning:** The court considered the settlement agreement filed by the Appellant and the request to

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**Interpretation:** The court interpreted the Appellant's request to withdraw the appeal as an

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**Application:** Given the settlement agreement and the Appellant's request, the court applied

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## Parties

- **Judges:** Ashok Bh…; KanthiNar…; +1 more
- **Appellants:** Divya A…
- **Respondents:** Puma Realtors &…
- **Advocates:** Pratik…; Priyam…; +5 more

## Timeline

- **2022-09-07 — Order Da…**: Order passed against which the appeal was…
- **2022-11-07 — Tribunal H…**: Case taken before the Tribunal; Respondent's counsel stated they are entering into…

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