# In the matter of R. Arjun Govind  Vs P.V.B. Sudhakara Rao & Ors.

> NCLAT judgment dated 2024-04-15. Citation: TCN-2024-NCLAT-00506. The case arises from an impugned order dated 03.04.2024 passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 15 Apr 2024
- **Citation:** TCN-2024-NCLAT-00506
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/r-arjun-govind-vs-pvb-sudhakara-rao-ors-3655b5b6

## Summary

### Background

The case arises from an impugned order dated 03.04.2024 passed by the National Company Law Tribunal, Amaravati Bench in CP (IB) No.24/9/AMR/2021. The appeal was filed before the National Company Law Appellate Tribunal at Chennai. The appellant and the 2nd respondent filed a joint memo before the tribunal, agreeing to settle the dispute. The 2nd respondent is the Operational Creditor and the Corporate Debtor.

## Facts

R. Arjun Govind, the Suspended Director of BGR Energy Systems Limited, filed an appeal against an order passed by the National Company Law Tribunal, Amaravati Bench. The appeal was filed before the National Company Law Appellate Tribunal at Chennai. The respondents include P.V.B. Sudhakara Rao, the Interim Resolution Professional of BGR Energy Systems Limited, and RDC Concrete India Private Limited. The appellant and the 2nd respondent (Operational Creditor) filed a joint memo indicating a settlement. The settlement terms were recorded in a Memorandum of Settlement dated 03.04.2024. The tribunal allowed the appeal, setting aside the impugned order. The IRP was granted liberty to apply for determination of fees.

## Issues and analysis

### Issue 1: Whether the appeal should be allowed based on the joint memo filed by the appellant and the 2nd …

**Ratio:** When parties to a dispute reach a settlement and file a joint memo before the tribunal,

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**Reasoning:** The tribunal noted that both the appellant and the 2nd respondent had filed a joint memo

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**Interpretation:** This reflects the principle that tribunals can facilitate and recognize

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**Application:** In this case, the existence of the joint memo and the absence of objection from

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## Parties

- **Judges:** M. Venu…; Sharad Kumar…; +1 more
- **Appellants:** R. Arjun…
- **Respondents:** BGR Energy…; PVB Sudhaka…

## Timeline

- **2024-03-04 — Impugned…**: Order passed by the National Company Law Tribunal, Amaravati Bench in CP (IB)…
- **2024-03-04 — Memorandum of S…**: Parties agreed to the terms of settlement, which were recorded in the Memorandum of…

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