# 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-00023. 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-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/divya-arora-vs-puma-realtors-ors-company-appeal-adccdb29

## 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 were entering into negotiations with the appellant. An I.A. No. 4799 of 2022 was filed by the appellant, stating that a settlement had been entered into between the parties, under which the appellant agreed to provide the plot and flat.

## 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 indicated they were negotiating with the appellant. Subsequently, the appellant filed I.A. No. 4799 of 2022, stating a settlement had been reached where the appellant would provide a plot and flat. A settlement agreement dated 2022-12-09 was filed. The appellant then sought to withdraw the appeal, which the court permitted, dismissing the appeal as withdrawn. The key fact is the settlement agreement which led to the withdrawal of the appeal.

## 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 allowed to withdraw an appeal if a settlement has been reached and

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**Reasoning:** The court reasoned that a settlement agreement had been filed, and the appellant sought

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**Interpretation:** This legal issue involves the interpretation of the court's power to allow the

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**Application:** In this specific case, the court applied the ratio by considering the

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## Parties

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

## Timeline

- **2022-09-07 — Order Da…**: Order passed against which the appeal was filed. I.A. No. 5481 of 2021 filed by the…
- **2022-11-07 — Tribunal H…**: Case was taken before the Tribunal. Counsel for the Respondent No. 1 and 2 submitted that…

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