# In the matter of Gurmukh Singh vs. Nuvoco Vistas Corporation Ltd.

> NCLAT judgment dated 2024-09-17. Citation: TCN-2024-NCLAT-00194. The case involves an appeal against an order passed by the Adjudicating Authority under…

- **Court:** NCLAT
- **Order date:** 17 Sept 2024
- **Citation:** TCN-2024-NCLAT-00194
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gurmukh-singh-vs-nuvoco-vistas-corporation-ltd-a9c6a1f3

## Summary

### Background

The case involves an appeal against an order passed by the Adjudicating Authority under Section 9 application. A settlement has been entered between the parties. The Committee of Creditors (CoC) is constituted of the operational creditors. The Respondent No.1/Operational Creditor may file an application under Section 12 A.

## Facts

Gurmukh Singh, the suspended director of Adarsh Super Construction Pvt. Ltd., filed an appeal against Nuvoco Vistas Corporation Ltd. (formerly known as Lafarge India Ltd.). After an order was passed by the Adjudicating Authority under Section 9, a settlement was reached between the parties on 2024-08-30. The Committee of Creditors (CoC) has been constituted, consisting of operational creditors. The Respondent No.1/Operational Creditor may file an application under Section 12A. The appeal was listed for further hearing on 2024-10-21, and the court directed that the minutes of the CoC be placed in the appeal.

## Issues and analysis

### Issue 1: Whether an application under Section 12A can be …

**Ratio:** Section 12A of the Insolvency and Bankruptcy Code (IBC) allows for the withdrawal of an

…

**Reasoning:** The court noted that the CoC has been constituted and that the Respondent

…

**Interpretation:** Section 12A provides a mechanism for settling disputes and withdrawing CIRP

…

**Application:** Given the settlement between the parties and the constitution of the CoC, the

…

## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Gurmukh…
- **Respondents:** Nuvoco Vistas…

## Timeline

- **2024-08-12 — Order by Adjudicating…**: Order was passed by the Adjudicating…
- **2024-08-30 — Settlement…**: Settlement has been…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/gurmukh-singh-vs-nuvoco-vistas-corporation-ltd-a9c6a1f3