# In the matter of Vivek Arora Vs Late Smt. Sunila Chabra & Anr.

> NCLAT judgment dated 2024-05-10. Citation: TCN-2024-NCLAT-00450. The case involves a Company Appeal (AT) (INS) No. 1062 of 2023 filed by Vivek Arora against…

- **Court:** NCLAT
- **Order date:** 10 May 2024
- **Citation:** TCN-2024-NCLAT-00450
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vivek-arora-vs-late-smt-sunila-chabra-anr-ef614a9e

## Summary

### Background

The case involves a Company Appeal (AT) (INS) No. 1062 of 2023 filed by Vivek Arora against Late Smt. Sunila Chhabra & Anr. The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016. The appeal was directed against an order dated 01.08.2023, which admitted an application filed by Late Smt. Sunila Chhabra through her legal heirs, Mr. Gauraav Kumar and Mr. Aditya Kumar, against M/s. Shib Dass Metals Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

Vivek Arora filed an appeal against the admission of an insolvency application against M/s. Shib Dass Metals Private Limited. The application was filed by Late Smt. Sunila Chhabra through her legal heirs, Mr. Gauraav Kumar and Mr. Aditya Kumar. During the appeal's pendency, the Operational Creditor (represented by Gauraav Kumar) and the Corporate Debtor (represented by Vivek Arora) reached a settlement on 08.05.2024. A joint application was filed to record this settlement. Both parties were present in court through their counsels. The appellant withdrew the appeal based on the settlement terms. The respondent had no objection to the withdrawal.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed as withdrawn in light of the settlement reached between the …

**Ratio:** When parties to an appeal reach a settlement and jointly request the withdrawal of the

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**Reasoning:** The court considered the joint application filed by the parties, the statements of their

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**Interpretation:** This legal issue involves the interpretation of the court's power to dismiss an

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**Application:** In this case, the parties, Vivek Arora (Appellant) and Gaurav Kumar

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Vivek A…
- **Respondents:** M/s. Shib Dass…; Late Smt. Sunila…

## Timeline

- **2023-08-01 — Original Ord…**: Date of the order against which the appeal was filed. An application filed by Late Smt.…
- **2024-05-08 — Settlemen…**: The Operational Creditor (represented by Gauraav Kumar) and the Corporate Debtor…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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