# In the matter of Hospitech Management Consultants Private Limited IA-3277,3390 & 3543 of 2020 in Company Petition (IB) No. 1639-ND-2019

> NCLT judgment dated 2020-09-09. Citation: TCN-2020-NCLT-00676. The case involves a Company Petition (IB) No. 1639/ND/2019 filed under Section 9 of the…

- **Court:** NCLT
- **Order date:** 9 Sept 2020
- **Citation:** TCN-2020-NCLT-00676
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hospitech-management-consultants-private-limited-ia-32773390-3543-of-2020-in-com-a4ae430b

## Summary

### Background

The case involves a Company Petition (IB) No. 1639/ND/2019 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, Mr. Nawal Kishore Prasad, initiated the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, M/s Hospitech Management Consultants Private Limited. Several IAs (IA/3277, IA/3390, and IA/3543 of 2020) were filed and related to the matter. Disputes arose regarding the settlement between the parties, payment of CIRP costs, and withdrawal of the application.

## Facts

Mr. Nawal Kishore Prasad, the Operational Creditor, initiated CIRP against M/s Hospitech Management Consultants Private Limited, the Corporate Debtor. The parties reached a settlement where the Corporate Debtor paid Rs. 12,50,000 to the Operational Creditor. The RP received Form FA for withdrawal of the CIRP. The NCLAT directed the Corporate Debtor to pay Rs. 650638 towards CIRP costs, which was paid. The RP filed IA/3390/2020 and IA-3543/2020. The Corporate Debtor filed IA-3277/2020 seeking permission to withdraw the CIRP. The RP claimed an additional Rs. 63,000 as GST, which was disputed by the Corporate Debtor. The RP had filed a review application against the NCLAT order, which was rejected, and subsequently filed an appeal before the Supreme Court, which was

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## Issues and analysis

### Issue 1: Whether the settlement between the Operational Creditor and the Corporate Debtor should be …

**Ratio:** Section 30A(6) of the IBBI (Corporate Insolvency Resolution Process for Corporate

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**Reasoning:** The court considered that the Form FA had been submitted, indicating the Operational

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**Interpretation:** Section 30A(6) provides a mechanism for parties to settle their disputes and

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**Application:** The court applied Section 30A(6) to the facts of the case, where a settlement

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## Parties

- **Judges:** Sh. Abni Ranjan…; Sh. Kapal Kumar…
- **Appellants:** NAWAL KISHORE…
- **Respondents:** M/s HOSPITECH…
- **Advocates:** Mani Bhusha…; Pawanjit Ś.…; +1 more

## Timeline

- **2020-01-27 — Initial…**: Application admitted under…
- **2020-06-03 — Settlement Ag…**: Agreement arrived between the…

## 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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