# In the matter of Hafiz Ali Ullatt vs. Translumina Therapeutics LLP & Anr. Company Appeal (AT) (Insolvency) No. 67 of 2023

> NCLAT judgment dated 2023-03-06. Citation: TCN-2023-NCLAT-00687. The appeal was filed against the order dated 17.01.2023, by which an application filed under…

- **Court:** NCLAT
- **Order date:** 6 Mar 2023
- **Citation:** TCN-2023-NCLAT-00687
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/hafiz-ali-ullatt-vs-translumina-therapeutics-llp-anr-company-appeal-20520049

## Summary

### Background

The appeal was filed against the order dated 17.01.2023, by which an application filed under Section 9 of the I&B Code, 2016, by Respondent No. 1 (Operational Creditor) against Respondent No. 2 (Corporate Debtor), was admitted. The Ex-Director of the Corporate Debtor filed the appeal. Notice was issued on 20.01.2023.

## Facts

Hafiz Ali Ullatt (Appellant) filed an appeal against the order dated 17.01.2023, which admitted an application under Section 9 of the I&B Code filed by Translumina Therapeutics LLP & Anr. (Respondent No. 1, Operational Creditor) against Respondent No. 2 (Corporate Debtor). The Appellant settled the dues of the Respondent for Rs. 2.61 Crores (approx.) and paid the entire amount. An out-of-court settlement was reached between the parties, with the Corporate Debtor making the entire payment to the Operational Creditor. The IRP (Respondent No. 2) submitted that expenses were incurred during this period. The expenses included reimbursement for downloading financial and public documents from Karza Scan (Rs. 500), advocate fees for filing an affidavit (Rs. 8,250), and

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## Issues and analysis

### Issue 1: Whether the appeal should be allowed in view …

**Ratio:** When parties arrive at a settlement, the court may allow the appeal in terms of the

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**Reasoning:** The court noted that the Appellant had settled the dues of the Respondent and that an

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**Interpretation:** The principle of settlement allows parties to resolve disputes amicably, and

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**Application:** Since the Appellant and Respondent had reached a settlement, the court allowed

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## Parties

- **Judges:** Rakesh Kuma…; Alok Sriv…
- **Appellants:** Hafiz Ali…
- **Respondents:** Translumina…
- **Advocates:** Saad She…; Prateek…; +8 more

## Timeline

- **2023-01-17 — Order Da…**: Order passed by which Section…
- **2023-01-20 — Notice I…**: Notice in the appeal…

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