# In the matter of Anand Parasrampuria Vs. J. J. Plastalloy Pvt. Ltd. Civil Appeal No. 5639-2018

> SC judgment dated 2018-05-17. Citation: TCN-2018-SC-00047. The case involves a civil appeal arising out of a Special Leave Petition (SLP) against an order…

- **Court:** SC
- **Order date:** 17 May 2018
- **Citation:** TCN-2018-SC-00047
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/anand-parasrampuria-vs-j-j-plastalloy-pvt-ltd-civil-appeal-no-5639-2018-c09fd89a

## Summary

### Background

The case involves a civil appeal arising out of a Special Leave Petition (SLP) against an order passed by the National Company Law Tribunal (NCLT), Bench III, New Delhi. A petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, had been admitted by the NCLT on February 9, 2018. Subsequently, the matter was settled between the parties through a Compromise Deed dated February 21, 2018.

## Facts

The key facts are as follows: A petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, was admitted by the National Company Law Tribunal (NCLT), Bench III, New Delhi, on February 9, 2018. Subsequently, a Compromise Deed dated February 21, 2018, was executed between the parties, indicating a settlement. The appellant sought exemption from filing a certified copy of the impugned order. The Supreme Court considered the Compromise Deed and, using its powers under Article 142 of the Constitution of India, set aside the NCLT's order. The relevance of the Compromise Deed is that it formed the basis for the Supreme Court's decision to set aside the NCLT's order, indicating that the parties had resolved their dispute amicably.

## Issues and analysis

### Issue 1: Whether the Supreme Court should allow the appeal and set aside the order of the National Company …

**Ratio:** The legal principle applied is that courts can give effect to settlements and compromises

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**Reasoning:** The court reasoned that since the parties had entered into a Compromise Deed, it was

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

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**Application:** The ratio and reasoning were applied to the specific facts of the case by

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## Parties

- **Judges:** ROHINTON FALI…; ABHAY MANOHAR…
- **Appellants:** ANAND PARASRAMPURI…
- **Respondents:** J. J. PLASTALLOY…; JJ PLASTALLOY…

## Timeline

- **2018-02-09 — NCLT Admits P…**: The National Company Law Tribunal (NCLT), Bench III, New Delhi, admitted a petition under…
- **2018-02-21 — Compromis…**: A Compromise Deed was executed between the…

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