# In the matter of Kapil Sharma Vs. Manish Kumar Bhagat & Ors. CA(AT)(Ins) No. 310 of 2020

> NCLAT judgment dated 2020-03-12. Citation: TCN-2020-NCLAT-00328. The case pertains to a Company Appeal (AT) Insolvency No. 310 of 2020 before the National…

- **Court:** NCLAT
- **Order date:** 12 Mar 2020
- **Citation:** TCN-2020-NCLAT-00328
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kapil-sharma-vs-manish-kumar-bhagat-ors-ca-a4f5046d

## Summary

### Background

The case pertains to a Company Appeal (AT) Insolvency No. 310 of 2020 before the National Company Law Appellate Tribunal, New Delhi. The appellant is Kapil Sharma, a shareholder of Archon Powerinfra India (formerly known as SKP Buildcon Pvt. Ltd.). The respondents are Manish Kumar Bhagat & Ors. The matter was presented before the court with Mr. P. Nagesh and Mr. Harshal Kumar appearing as advocates for the appellant, and no one appearing for the respondent.

## Facts

Kapil Sharma, a shareholder of Archon Powerinfra India (formerly known as SKP Buildcon Pvt. Ltd.), filed a Company Appeal (AT) Insolvency No. 310 of 2020 before the National Company Law Appellate Tribunal, New Delhi. Manish Kumar Bhagat & Ors. were the respondents. During the proceedings, it was represented on behalf of the appellant that the matter had been settled between the parties. As a result of this settlement, the Company Appeal became infructuous. The relevance of the settlement is that it led to the dismissal of the appeal.

## Issues and analysis

### Issue 1: Whether the Company Appeal should be dismissed as infructuous due to the settlement between the …

**Ratio:** When a matter in appeal is settled between the parties, the appeal becomes infructuous,

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**Reasoning:** The court reasoned that since the appellant represented that the matter had been settled,

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**Interpretation:** The interpretation is that a settlement between parties in an appeal renders

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**Application:** In this case, the appellant's representation of a settlement directly led to

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## Parties

- **Judges:** Venugop…; V. P. S…; +1 more
- **Appellants:** Kapil S…
- **Respondents:** Archon Powerinfra…; Manish Kumar…

## Timeline

- **2020-03-12 — Order Da…**: The National Company Law Appellate Tribunal dismissed the Company Appeal as infructuous…

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