# In the matter of Sandeep Anand Director, G.S. Express Pvt. Ltd. Vs. APL Apollo Tubes Ltd. CA (AT) No. 342-2018

> NCLAT judgment dated 2018-07-10. Citation: TCN-2018-NCLAT-00215. This case involves an appeal against an order passed by the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 10 Jul 2018
- **Citation:** TCN-2018-NCLAT-00215
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sandeep-anand-director-gs-express-pvt-ltd-vs-apl-apollo-tubes-ltd-ca-055959ff

## Summary

### Background

This case involves an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Allahabad Bench, which admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating a Corporate Insolvency Resolution Process against ‘G.S. Express Private Limited’ (Corporate Debtor). The appellant, Mr. Sandeep Anand, Director of the Corporate Debtor, contended that the parties had already settled the dispute before the admission of the application, a fact allegedly ignored by the Adjudicating Authority.

## Facts

Mr. Sandeep Anand, Director of G.S. Express Private Limited (the Corporate Debtor), filed an appeal against an order by the Adjudicating Authority (National Company Law Tribunal), Allahabad Bench. The Adjudicating Authority had admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) filed by APL Apollo Tubes Ltd. (the Respondent) for initiating a Corporate Insolvency Resolution Process against the Corporate Debtor. The appellant argued that the dispute had been settled before the application was admitted, and this fact was brought to the Adjudicating Authority's notice. The Respondent's counsel also acknowledged the settlement. Despite the settlement, the Adjudicating Authority admitted the application, appointed an Interim

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the application under Section 9 of the …

**Ratio:** When parties reach a settlement before the admission of an application under Section 9 of

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**Reasoning:** The court reasoned that the Adjudicating Authority failed to consider the settlement

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**Interpretation:** The interpretation of Section 9 of the I&B Code suggests that the

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**Application:** In this case, the court applied the ratio by setting aside the Adjudicating

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Sandeep…
- **Respondents:** G.S. Express…; APL Apollo Tubes…
- **Advocates:** Ankur Khan…; Karan G…

## Timeline

- **2018-06-13 — Order by Adjudicating…**: The Adjudicating Authority passed an order admitting the application under Section 9 of…
- **2018-07-05 — Matter Ta…**: Learned counsel for the Appellant submitted that the parties had already settled the…

## 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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