# In the matter of EMD Scaffolding India Pvt. Ltd. IA-952-ND-2022 in IB-2781-ND-2019

> NCLT judgment dated 2022-03-07. Citation: TCN-2022-NCLT-03879. The case involves M/s Vortex Impex Pvt Ltd as the applicant and EMD Scaffolding India Pvt Ltd…

- **Court:** NCLT
- **Order date:** 7 Mar 2022
- **Citation:** TCN-2022-NCLT-03879
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/emd-scaffolding-india-pvt-ltd-ia-952-nd-2022-in-ib-2781-nd-2019-23538044

## Summary

### Background

The case involves M/s Vortex Impex Pvt Ltd as the applicant and EMD Scaffolding India Pvt Ltd as the respondent. The matter was brought before the National Company Law Tribunal (NCLT), New Delhi, under Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

M/s Vortex Impex Pvt Ltd initiated proceedings against EMD Scaffolding India Pvt Ltd under Section 9 of the IBC. The Interim Resolution Professional (IRP) stated that the matter had been settled, and all dues had been received. The IRP also stated that no claims were received, and the CoC was not constituted. Consequently, IA No. 952/ND/2022 was filed. The relevance of these facts is that they demonstrate a settlement between the parties, leading to the dismissal of the main petition.

## Issues and analysis

### Issue 1: Whether IA No. 952/ND/2022 should be allowed given …

**Ratio:** When a matter is settled, and all dues are

…

**Reasoning:** The IRP stated that the matter had been settled and all dues were received. The CoC was

…

**Interpretation:** This interprets the principle that settlement of disputes is encouraged under

…

**Application:** The ratio and reasoning apply to the facts because the IRP confirmed the

…

## Parties

- **Judges:** DHARMINDER…; SUMITAPURKA…
- **Appellants:** M/s Vortex Impex…
- **Respondents:** EMD Scaffolding…

## Timeline

- **2022-03-07 — Order del…**: Order delivered on 07.03.2022, allowing IA No.…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/emd-scaffolding-india-pvt-ltd-ia-952-nd-2022-in-ib-2781-nd-2019-23538044