# In the matter of VKM Infrastructure Pvt. Ltd. Vs. Gammon Engineers and Contractors Pvt. Ltd. CA (AT) (Ins) No. 366 of 2021

> NCLAT judgment dated 2021-08-05. Citation: TCN-2021-NCLAT-00151. The case pertains to Company Appeal(AT)(Insolvency) No. 366 of 2021 before the National…

- **Court:** NCLAT
- **Order date:** 5 Aug 2021
- **Citation:** TCN-2021-NCLAT-00151
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vkm-infrastructure-pvt-ltd-vs-gammon-engineers-and-contractors-pvt-ltd-ca-0a2a84a0

## Summary

### Background

The case pertains to Company Appeal(AT)(Insolvency) No. 366 of 2021 before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. VKM Infrastructure Pvt. Ltd. is the Appellant, and Gammon Engineers and Contractors Pvt. Ltd. is the Respondent.

## Facts

The key facts are as follows: VKM Infrastructure Pvt. Ltd. filed an appeal against Gammon Engineers and Contractors Pvt. Ltd. The Appellant's counsel submitted that the parties had settled the matter and sought to withdraw the appeal. The Respondent's counsel agreed with the submission. The relevance of these facts is that they led to the disposal of the appeal based on a mutual agreement between the parties.

## Issues and analysis

### Issue 1: Whether the appeal can be disposed of as withdrawn …

**Ratio:** The legal principle applied is that if parties to a dispute reach a settlement, they can

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**Reasoning:** The court reasoned that since both the Appellant and the Respondent, through their

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**Interpretation:** The interpretation is that courts generally respect and uphold settlements

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**Application:** In this specific case, the ratio and reasoning were applied to the fact that

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## Parties

- **Judges:** Jarat Kuma…; Ashok Kumar…
- **Appellants:** VKM Infrastructure…
- **Respondents:** GAMMON ENGINEERS…

## Timeline

- **2021-08-05 — Appeal Di…**: The court disposed of the appeal as withdrawn following the submission by the Appellant's…

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