# In the matter of Sashidharan Marath Vs. Olevia.Com & Anr. CA(AT)(Ins)No. 1205-1206 of 2019

> NCLAT judgment dated 2019-11-18. Citation: TCN-2019-NCLAT-00111. The case involves a Company Appeal (AT) (Insolvency) No. 1205-1206 of 2019 before the…

- **Court:** NCLAT
- **Order date:** 18 Nov 2019
- **Citation:** TCN-2019-NCLAT-00111
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sashidharan-marath-vs-oleviacom-anr-ca-ef3f54ab

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 1205-1206 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant's counsel submitted that after Terms of Settlement were brought to the notice of the Appellate Tribunal and the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, the Adjudicating Authority dismissed the application under Section 9 in view of the Terms of Settlement. Consequently, both appeals have become infructuous.

## Facts

Sashidharan Marath filed an appeal against Olevia.Com & Anr. before the National Company Law Appellate Tribunal (NCLAT). The appellant's counsel informed the NCLAT that Terms of Settlement had been brought to the notice of both the NCLAT and the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The Adjudicating Authority, by order dated 13th November 2019, dismissed the application under Section 9 in view of the Terms of Settlement. As a result, both appeals before the NCLAT became infructuous. The NCLAT accepted this submission and disposed of the appeals.

## Issues and analysis

### Issue 1: Whether the appeals before the NCLAT have become infructuous due to the Adjudicating Authority's …

**Ratio:** When an application under Section 9 is dismissed by the Adjudicating Authority based on

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**Reasoning:** The court reasoned that the Adjudicating Authority's decision to dismiss the application

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**Interpretation:** This legal issue involves the interpretation of the impact of a settlement

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**Application:** In this case, the Adjudicating Authority dismissed the application under

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** Sashidharan…
- **Respondents:** Olevia.Com…
- **Advocates:** Abhijeet…; Aman V…; +3 more

## Timeline

- **2019-11-13 — Adjudicating Authority…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, dismissed the…
- **2019-11-18 — NCLAT Or…**: The NCLAT disposed of the appeals as infructuous, acknowledging the Adjudicating…

## 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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