# In the matter of Rakesh Mahajan Vs. Akash Agarwal & Anr. CA(AT)(Ins) No. 1511 of 2019

> NCLAT judgment dated 2020-01-31. Citation: TCN-2020-NCLAT-00474. The case involves a Company Appeal (AT) (Insolvency) No. 1511 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 31 Jan 2020
- **Citation:** TCN-2020-NCLAT-00474
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rakesh-mahajan-vs-akash-agarwal-anr-ca-5f53d7db

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 1511 of 2019 before the National Company Law Appellate Tribunal, New Delhi. The appellant is Rakesh Mahajan, and the respondents are Akash Agarwal & Anr. The appeal was filed in relation to an insolvency matter.

## Facts

The appellant, Rakesh Mahajan, filed a Company Appeal (AT) (Insolvency) No. 1511 of 2019 before the National Company Law Appellate Tribunal, New Delhi, against the respondents, Akash Agarwal & Anr. During the proceedings, the appellant's counsel informed the court that a settlement had been reached between the parties, and a written Settlement Agreement was executed on January 13, 2020. This settlement amicably resolved the dispute that was the subject of the appeal. Consequently, the appeal became infructuous, meaning it no longer served a purpose because the underlying issue had been resolved. The court then dismissed the appeal based on the statement made by the appellant's counsel.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed as infructuous due to the settlement reached between the …

**Ratio:** When parties to an appeal reach a settlement that resolves the underlying dispute, the

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**Reasoning:** The court reasoned that because the parties had reached a settlement, the dispute was

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**Interpretation:** The interpretation is that a settlement agreement, when reached and documented,

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**Application:** In this specific case, the appellant's counsel informed the court of the

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## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Rakesh Ma…
- **Respondents:** Akash Ag…

## Timeline

- **2020-01-13 — Settlement Ag…**: Settlement Agreement reduced to…
- **2020-01-31 — Appeal Dis…**: Learned counsel submits settlement;…

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