# In the matter of Krishnan Kumar Mittal Vs. GRJ Distributors & Developers Pvt. Ltd. CA(AT)(Ins) No. 579 of 2019

> NCLAT judgment dated 2020-01-30. Citation: TCN-2020-NCLAT-00486. The case involves an appeal against the rejection of a Section 9 application by the…

- **Court:** NCLAT
- **Order date:** 30 Jan 2020
- **Citation:** TCN-2020-NCLAT-00486
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/krishnan-kumar-mittal-vs-grj-distributors-developers-pvt-ltd-ca-9714b11a

## Summary

### Background

The case involves an appeal against the rejection of a Section 9 application by the Adjudicating Authority (National Company Law Tribunal), Bench III, New Delhi in C.P. No. IB-1558(ND)/2018. The appeal was filed by the Operational Creditor. The parties have settled the dispute as per a Memorandum of Understanding.

## Facts

The appellant, Krishan Kumar Mittal, filed an appeal against the rejection of a Section 9 application by the Adjudicating Authority (National Company Law Tribunal). The application was initially filed under C.P. No. IB-1558(ND)/2018. The parties involved, including GRJ Distributors & Developers Pvt. Ltd., reached a settlement as per a Memorandum of Understanding. Consequently, the appellant sought to withdraw the appeal. The court acknowledged the settlement and allowed the withdrawal, disposing of the appeal.

## Issues and analysis

### Issue 1: Whether the Appellant can withdraw the appeal based on a Memorandum of Understanding reached with …

**Ratio:** An appellant can withdraw an appeal if the parties have reached a settlement and the

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**Reasoning:** The court reasoned that since the parties had settled the dispute as per a Memorandum of

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**Interpretation:** This interpretation allows for the efficient resolution of disputes through

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**Application:** In this case, the appellant's request to withdraw the appeal was granted

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## Parties

- **Judges:** A.I.S. C…; Anant Bijay…; +1 more
- **Appellants:** Krishan Kumar…
- **Respondents:** GRJ Distributors…

## Timeline

- **2018-01-01 — Initial Appl…**: Section 9 Application filed…
- **2020-01-27 — Memorandum of…**: Memorandum of Understanding dated…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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