# In the matter of Sudhanshu Tripathi Vs. RBCL Projects Pvt. Ltd. & Anr.,Company  Appeal (AT) (Ins.) No. 1382 of 2022

> NCLAT judgment dated 2022-11-18. Citation: TCN-2022-NCLAT-00088. The case involves a Company Appeal (AT) (Ins.) No. 1382 of 2022. The Appellant's counsel…

- **Court:** NCLAT
- **Order date:** 18 Nov 2022
- **Citation:** TCN-2022-NCLAT-00088
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sudhanshu-tripathi-vs-rbcl-projects-pvt-ltd-anrcompany-appeal-7560c61c

## Summary

### Background

The case involves a Company Appeal (AT) (Ins.) No. 1382 of 2022. The Appellant's counsel states that the CIRP was initiated by order dated 14.11.2022, and a settlement occurred between the parties on 15.11.2022. The Appellant seeks permission to file a joint application with the Operational Creditor.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated by an order dated 2022-11-14. A settlement has been reached between the involved parties on 2022-11-15. The Appellant is seeking permission to file a joint application with the Operational Creditor. The Operational Creditor's counsel has confirmed receiving the settlement amount. Another appeal, Company Appeal (AT) (Ins.) No. 1392 of 2022, has been filed by a counsel representing the homebuyers against the order dated 2022-11-14. The court has listed the appeal along with Company Appeal (AT) (Ins.) No. 1392 of 2022 on 2022-11-23. The order dated 2022-11-14 is stayed.

## Issues and analysis

### Issue 1: Whether the Appellant should be granted liberty to file a joint application with the Operational …

**Ratio:** Parties are generally allowed to settle disputes and file joint applications to reflect

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**Reasoning:** The Learned Counsel for the Appellant requested permission to file a joint application

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**Interpretation:** The court interprets the request as a procedural step to formalize the

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**Application:** Given the settlement and the Operational Creditor's confirmation, the court

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## Parties

- **Judges:** Ashok Bh…; Alok Sriv…; +1 more
- **Appellants:** Sudhanshu T…
- **Respondents:** RBCL Projects…
- **Advocates:** Abhijeet…; Kaushik P…; +8 more

## Timeline

- **2022-11-14 — CIRP Init…**: CIRP was initiated by…
- **2022-11-15 — Settlement Between…**: Settlement reached between…

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