# In the matter of Mr. Arounane. P Vs. One Bill Software India Pvt. Ltd. CA(AT)(Ins) No. 1075 of 2019

> NCLAT judgment dated 2020-01-20. Citation: TCN-2020-NCLAT-00524. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 20 Jan 2020
- **Citation:** TCN-2020-NCLAT-00524
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mr-arounane-p-vs-one-bill-software-india-pvt-ltd-ca-6283d489

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The original Operational Creditor's Section 9 Application was rejected, leading to the appeal. The parties involved, the Appellant (Mr. Arounane. P) and the Respondent (One Bill Software India Pvt. Ltd.), have reached a settlement.

## Facts

Mr. Arounane. P, the Appellant, filed an appeal before the NCLAT after the rejection of their Section 9 Application as an Operational Creditor. One Bill Software India Pvt. Ltd. is the Respondent. The parties have reached a settlement, and a Memo of Settlement has been tendered to the court. The Appellant wishes to withdraw the appeal due to the settlement. The Respondent's Managing Director, Mr. Jayakumar Chelladurai, has signed the settlement, binding the company and its stakeholders. The court disposed of the appeal as withdrawn but granted the Appellant the liberty to restore the appeal if any cheques issued by the Respondent are dishonored. This ensures that the settlement is upheld and the Appellant has recourse if the Respondent defaults.

## Issues and analysis

### Issue 1: Whether the appeal should be disposed of as withdrawn given the settlement reached between the …

**Ratio:** A settlement between parties in a legal dispute can form the basis for the disposal of an

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**Reasoning:** The court acknowledges the settlement reached between the Appellant and the Respondent,

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**Interpretation:** This legal issue involves the interpretation of the principles of settlement in

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**Application:** In this case, the court applied the ratio by accepting the settlement as a

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## Parties

- **Judges:** A.I.S. C…; KanthiNar…
- **Appellants:** Arounan…
- **Respondents:** One Bill Software…
- **Advocates:** Rajiv Ranjan…; S. Vivekananda…; +1 more

## Timeline

- **2020-01-20 — Order Da…**: Learned Counsel for the Appellant and Respondent state that the parties have settled…

## 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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