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

> NCLAT judgment dated 2024-05-10. Citation: TCN-2024-NCLAT-00449. The case involves a Company Appeal (AT) (CH) (Ins) No.122/2024 before the National Company…

- **Court:** NCLAT
- **Order date:** 10 May 2024
- **Citation:** TCN-2024-NCLAT-00449
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/r-arjun-govind-vs-pvb-sudhakara-rao-ors-c3310f10

## Summary

### Background

The case involves a Company Appeal (AT) (CH) (Ins) No.122/2024 before the National Company Law Appellate Tribunal at Chennai. Mr. B Arjun Govind, the Suspended Director of BGR Energy Systems Limited, is the Appellant, and PVB Sudhakara Rao, the IRP of BGR Energy Systems Ltd. & Anr., are the Respondents. The matter pertains to CP(IB) No.24/9/AMR/2021 passed by the 'Adjudicating Authority'/'Tribunal'.

## Facts

Mr. B Arjun Govind, the Suspended Director of BGR Energy Systems Limited, filed an appeal against PVB Sudhakara Rao, the IRP of BGR Energy Systems Ltd. & Anr. The appeal, Company Appeal (AT) (CH) (Ins) No.122/2024, was heard by the National Company Law Appellate Tribunal at Chennai. The matter relates to CP(IB) No.24/9/AMR/2021 passed by the 'Adjudicating Authority'/'Tribunal'. Both parties represented to the court that the matter has been settled. The court adjourned the matter to 15.04.2024 for filing of a 'Joint Memo' signed by both parties. The 'Impugned Order' dated 03-04-2024 in CP(IB) No.24/9/AMR/2021 was suspended. This suspension is directly related to the settlement discussions and the anticipated filing of the Joint Memo, indicating a potential

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## Issues and analysis

### Issue 1: Whether the matter has been …

**Ratio:** When parties represent to the court that a settlement has been reached, the court may

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**Reasoning:** The court acknowledged the representation by both sides that the matter had been settled.

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**Interpretation:** The court interprets the representation of settlement as a significant step

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**Application:** The court adjourned the matter to 15.04.2024 for filing of a 'Joint Memo'

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## Parties

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

## Timeline

- **2024-03-04 — Impugned Ord…**: Date of the 'Impugned Order'…
- **2024-04-10 — Hearing…**: The Learned Senior Counsel for the ‘Appellant' and the Learned Counsels appearing for the…

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