# In the matter of Himalaya Food International Ltd Vs Montage Global Pvt. Ltd

> NCLAT judgment dated 2022-06-08. Citation: TCN-2022-NCLAT-00431. The case involves an appeal against the admission of a Section 9 application under the…

- **Court:** NCLAT
- **Order date:** 8 Jun 2022
- **Citation:** TCN-2022-NCLAT-00431
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/himalaya-food-international-ltd-vs-montage-global-pvt-ltd-9af082ab

## Summary

### Background

The case involves an appeal against the admission of a Section 9 application under the Insolvency and Bankruptcy Code (IBC). Prior to the admission of the application, the parties had reached a settlement. This settlement was brought to the attention of the Adjudicating Authority, but the application was still admitted. The appellant filed an appeal against this admission.

## Facts

Himalaya Food International Ltd. filed a Company Appeal (AT) (Ins.) No. 671 of 2022 against Montage Global Pvt. Ltd. The appeal arose from the admission of a Section 9 application in CP (IB) No. 491/ND/2020 on 01.06.2022. However, a settlement had been reached between the parties on 04.05.2022, prior to the admission of the application, and this settlement was communicated to the Adjudicating Authority on 30.05.2022. Despite the settlement, the application was admitted. The appellant sought to withdraw the appeal due to the settlement. The key fact is the settlement between the parties prior to the admission of the Section 9 application, which forms the basis for the appeal's withdrawal.

## Issues and analysis

### Issue 1: Whether the Company Appeal (AT) (Ins.) No. 671 of 2022 should be permitted to be withdrawn given …

**Ratio:** When parties to a dispute reach a settlement, courts generally allow the withdrawal of

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**Reasoning:** The court acknowledged the settlement between the parties and considered the appellant's

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**Interpretation:** This aligns with the principle that courts encourage settlements and aim to

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**Application:** The court applied this principle by allowing the appellant to withdraw the

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## Parties

- **Judges:** M. Venu…; Ashok Kumar…
- **Appellants:** Himalaya Food…
- **Respondents:** Montage Global…

## Timeline

- **2020-01-01 — Filing of Section 9…**: Section 9 Application in CP…
- **2022-05-04 — Settlement…**: A settlement was…

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