# In the matter of Sh. Manoj Kumar Singh Vs. M/s. EBPL Ventures Pvt. Ltd. Comp. App. (AT) (Ins.) No. 294 of 2022

> NCLAT judgment dated 2022-03-29. Citation: TCN-2022-NCLAT-00564. The case involves an appeal against an order dated 2022-03-15 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 29 Mar 2022
- **Citation:** TCN-2022-NCLAT-00564
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sh-manoj-kumar-singh-vs-ms-ebpl-ventures-pvt-ltd-comp-app-a07fb0fe

## Summary

### Background

The case involves an appeal against an order dated 2022-03-15 passed by the Adjudicating Authority (National Company Law Tribunal), which admitted an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) by the Operational Creditor. The Appellant filed an appeal, and during the pendency of the appeal, the parties reached a settlement. The settlement was brought on record, and the Appellant filed I.A No. 873 of 2022 to record the settlement with the Operational Creditor dated 2022-03-27. The order dated 2022-03-15 was uploaded after court hours on 2022-03-24, and the IRP issued a public notice on 2022-03-25. The CoC was not constituted, and no further steps were taken.

## Facts

Sh. Manoj Kumar Singh filed an appeal against M/s. EBPL Ventures Pvt. Ltd. The Adjudicating Authority (National Company Law Tribunal) had admitted an application under Section 9 of the IBC filed by the Operational Creditor (EBPL Ventures Pvt. Ltd.). During the appeal process, the parties reached a settlement dated 2022-03-27, and the Appellant filed I.A No. 873 of 2022 to bring the settlement on record. The order dated 2022-03-15, which admitted the application under Section 9, was uploaded after court hours on 2022-03-24. The IRP issued a public notice on 2022-03-25. The IRP claimed entitlement to miscellaneous expenses. The settlement amount was paid by Demand Draft dated 2022-03-25, less TDS.

## Issues and analysis

### Issue 1: Whether the settlement between the parties should be taken on record and the order dated 2022-03-15 …

**Ratio:** When parties to a dispute reach a settlement, the court can take the settlement on record

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**Reasoning:** The court reasoned that the parties had filed a settlement agreement, and it was

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**Interpretation:** This reflects the principle that courts encourage settlement of disputes to

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**Application:** The court applied this principle by taking the settlement on record and setting

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## Parties

- **Judges:** Ashok Bh…; Alok Sriv…; +1 more
- **Appellants:** Sh. Manoj Kumar…
- **Respondents:** M/s. EBPL…

## Timeline

- **2022-03-15 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal) passed an order admitting the…
- **2022-03-24 — Order Upl…**: The order of 2022-03-15 was…

## 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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