# In the matter of Govind Krishnan Muthukumar vs. ASK Property Investment Advisors Pvt. Ltd. & Ors.

> NCLAT judgment dated 2023-09-27. Citation: TCN-2023-NCLAT-00162. The appeal was filed against the order dated 25.08.2023 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 27 Sept 2023
- **Citation:** TCN-2023-NCLAT-00162
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/govind-krishnan-muthukumar-vs-ask-property-investment-advisors-pvt-ltd-ors-ad4650c4

## Summary

### Background

The appeal was filed against the order dated 25.08.2023 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench-IV, which admitted Section 7 Application filed by the Respondent. The appellant's counsel submitted that an amount of Rs.5 Lakhs, directed by the Adjudicating Authority, has already been paid to the IRP. An interim order was passed by the Tribunal on 14.09.2023.

## Facts

Govind Krishnan Muthukumar filed an appeal against the order dated 25.08.2023 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench-IV, which admitted Section 7 Application filed by ASK Property Investment Advisors Pvt. Ltd. & Ors. The appellant's counsel submitted that an amount of Rs.5 Lakhs, directed by the Adjudicating Authority, has already been paid to the IRP. An interim order was passed by the Tribunal on 14.09.2023. The parties submitted consent terms, and the court took these on record.

## Issues and analysis

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

**Ratio:** When parties submit consent terms, the court can dispose of the matter based on those

…

**Reasoning:** The court considered the consent terms submitted by the parties and the submission of the

…

**Interpretation:** Consent terms represent an agreement between the parties to resolve the

…

**Application:** In this case, the court accepted the consent terms and disposed of the appeal

…

## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Govind Krishnan…
- **Respondents:** ASK Property…
- **Advocates:** Smriti Ch…; Hardik K…; +4 more

## Timeline

- **2023-08-25 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal) Mumbai Bench-IV passed an…
- **2023-09-14 — Interim Order by…**: An Interim Order was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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