# In the matter of Gopal Dixit Vs. Anil Kumar & Anr. CA (AT) (Ins) No. 354 of 2021

> NCLAT judgment dated 2021-06-07. Citation: TCN-2021-NCLAT-00247. The matter pertains to Company Appeal (AT) (Ins) No. 354 of 2021 before the National Company…

- **Court:** NCLAT
- **Order date:** 7 Jun 2021
- **Citation:** TCN-2021-NCLAT-00247
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gopal-dixit-vs-anil-kumar-anr-ca-a45d8280

## Summary

### Background

The matter pertains to Company Appeal (AT) (Ins) No. 354 of 2021 before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. The appellant's counsel submitted that the parties have settled the claim and filed an application before the Adjudicating Authority, which was allowed on 18.05.2021. The respondent's counsel agreed with the submissions.

## Facts

The appellant, Gopal Dixit, filed an appeal. Anil Kumar & Anr. are the respondents. The appellant's counsel, Ms. Garima Sharma, submitted that the parties had settled the claim and filed an application before the Adjudicating Authority, which was allowed on 18.05.2021. The respondent's counsel, Mr. Sunil Wali, agreed with the submissions. Consequently, the appeal was disposed of.

## Issues and analysis

### Issue 1: Whether the appeal should be disposed of given the settlement between the parties and the …

**Ratio:** When parties to an appeal have settled their claims and filed an application before the

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**Reasoning:** The court reasoned that because the parties had settled the claim and the Adjudicating

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**Interpretation:** This interpretation suggests that the court prioritizes settlements reached

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

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## Parties

- **Judges:** Jarat Kuma…; Ashok Kumar…
- **Appellants:** Gopal D…
- **Respondents:** Anil K…

## Timeline

- **2021-05-18 — Application…**: The application filed before the…
- **2021-06-07 — Appeal Disp…**: The court disposed of the appeal due to…

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