# In the matter of Rajesh Goyal Vs. Babita Gupta & Ors. I.A Nos. 4033 & 4303 of 2019 in CA(AT)(Ins) No. 1056 of 2019

> NCLAT judgment dated 2020-01-13. Citation: TCN-2020-NCLAT-00540. The case pertains to Company Appeal (AT) (Insolvency) No. 1056 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 13 Jan 2020
- **Citation:** TCN-2020-NCLAT-00540
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajesh-goyal-vs-babita-gupta-ors-ia-nos-4033-4303-of-2019-in-ca-1793fe7e

## Summary

### Background

The case pertains to Company Appeal (AT) (Insolvency) No. 1056 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The Appellant is Rajesh Goyal, and the Respondents are Babita Gupta & Ors. The matter was discussed earlier, but there was no record of any settlement reached by the Appellant with the allottees, creditors, or other 'Financial Creditors', 'Financial Institutions', or 'Operational Creditors'.

## Facts

Rajesh Goyal filed an appeal against Babita Gupta & Ors. before the NCLAT. The court noted the absence of any settlement between the appellant and the allottees, creditors, or financial institutions. The appellant was given time until January 17, 2020, to submit an affidavit detailing any settlement terms reached with the Interim Resolution Professional or Insolvency Professional, as well as a timeline for project completion and disbursement details. The case was then scheduled for orders on January 20, 2020. The key fact is the lack of evidence of settlement, prompting the court to seek further information from the appellant.

## Issues and analysis

### Issue 1: Whether the Appellant has reached a settlement with the allottees, creditors, or other 'Financial …

**Ratio:** The court has the power to encourage and facilitate settlements between parties in

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**Reasoning:** The court noted that there was nothing on record to suggest that the Appellant had

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**Interpretation:** The court interprets the absence of a settlement as a potential impediment to

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**Application:** The court applied this principle by directing the Appellant to provide evidence

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** Rajesh…
- **Respondents:** Babita…

## Timeline

- **2020-01-13 — Matter Dis…**: The matter was discussed, but no…
- **2020-01-17 — Deadline for A…**: Appellant given time until January 17th, 2020, to file an affidavit enclosing the copy of…

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