# In the matter of Horizon Dwellings Pvt. Ltd. Vs. Manoj Kumar Das & Anr. CA(AT)(Ins)No. 567 of 2020

> NCLAT judgment dated 2020-06-25. Citation: TCN-2020-NCLAT-00206. The case involves an appeal against an order passed by the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 25 Jun 2020
- **Citation:** TCN-2020-NCLAT-00206
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/horizon-dwellings-pvt-ltd-vs-manoj-kumar-das-anr-ca-c5f00137

## Summary

### Background

The case involves an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Allahabad Bench, admitting the application of the Operational Creditor, Manoj Kumar Das (Respondent No. 1), and commencing the Corporate Insolvency Resolution Process (CIRP) against Horizon Dwellings Pvt. Ltd. (Appellant). Subsequently, the Corporate Debtor and the Operational Creditor reached a settlement.

## Facts

The Adjudicating Authority (National Company Law Tribunal), Allahabad Bench, admitted the application of the Operational Creditor, Manoj Kumar Das, initiating the Corporate Insolvency Resolution Process (CIRP) against Horizon Dwellings Pvt. Ltd. Subsequently, Horizon Dwellings Pvt. Ltd. and Manoj Kumar Das reached a settlement. As part of the settlement, Horizon Dwellings Pvt. Ltd. paid Rs.27,50,000/- to Manoj Kumar Das towards full and final satisfaction of the operational debt. The Operational Creditor's advocate confirmed the settlement. The key fact is the settlement between the parties, leading to the disposal of the appeal.

## Issues and analysis

### Issue 1: Whether the appeal should be disposed of in light of the settlement reached between the Corporate …

**Ratio:** When a settlement is reached between the parties in an appeal, and no other legal grounds

…

**Reasoning:** The Appellate Tribunal found no legal ground to assail the impugned order apart from the

…

**Interpretation:** This legal principle emphasizes the importance of settlements in resolving

…

**Application:** In this case, the Corporate Debtor and the Operational Creditor reached a

…

## Parties

- **Judges:** Bansi Lal…; V. P. S…; +1 more
- **Respondents:** Horizon Dwellings…; Manoj Kum…
- **Advocates:** Soumya Roop…; Nirnay…; +1 more

## Timeline

- **2020-06-10 — Impugned Orde…**: The Adjudicating Authority passed the impugned order admitting the application of the…
- **2020-06-16 — Settlement…**: The Corporate Debtor and the…

---

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/horizon-dwellings-pvt-ltd-vs-manoj-kumar-das-anr-ca-c5f00137