# In the matter of Ess Investments Pvt. Ltd. Vs. Lokhandwala Infrastructure Pvt. Ltd. & Anr. Civil Appeal No. (s). 324-2020

> SC judgment dated 2020-01-31. Citation: TCN-2020-SC-00073. The appellant filed a petition against the Respondent No.1 before the National Company Law Tribunal…

- **Court:** SC
- **Order date:** 31 Jan 2020
- **Citation:** TCN-2020-SC-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ess-investments-pvt-ltd-vs-lokhandwala-infrastructure-pvt-ltd-anr-civil-appeal-n-8e845159

## Summary

### Background

The appellant filed a petition against the Respondent No.1 before the National Company Law Tribunal (NCLT) Mumbai being CP(IB) No.4000/MP/2018 under Section 7 of the Insolvency and Bankruptcy Code 2016, claiming Rs.1,76,87,356/- along with interest @ 13% per annum. Three other similar petitions including a petition of Dalmia Group Holdings being CP No.1023/MP/2019 were filed against the Respondent No.1 under Section 7 of the IBC. By an order dated 8.8.2019, the petition being CP No.1023/MP/2019 filed by Dalmia Group Holdings was admitted and an order was passed on 19.9.2019 of commencement of the resolution process by appointment of an Interim Resolution Professional (IRP). The IRP issued notices in newspapers inviting claims from all creditors, pursuant to which the

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## Facts

The appellant, M/S ESS INVESTMENTS PVT. LTD., filed a petition against the Respondent, LOKHANDWALA INFRASTRUCTURE PVT. LTD., before the NCLT Mumbai under Section 7 of the Insolvency and Bankruptcy Code 2016, claiming Rs.1,76,87,356/- with interest. Dalmia Group Holdings also filed a similar petition against the same respondent. The NCLT admitted Dalmia Group Holdings' petition, initiating a resolution process and appointing an IRP. The appellant's petition was rejected by the NCLT. Subsequently, the Respondent and Dalmia Group Holdings settled their disputes, leading to the NCLAT setting aside an order related to Dalmia Group Holdings. The appellant was given the liberty to proceed against the Respondent before the NCLT.

## Issues and analysis

### Issue 1: Whether the appellant can proceed against the Respondent No.1 before the NCLT given the settlement …

**Ratio:** When disputes between a corporate debtor and one creditor are settled, other creditors

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**Reasoning:** The court reasoned that since the disputes between the Respondent No.1 and Dalmia Group

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**Interpretation:** This implies that the settlement between two parties does not automatically

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**Application:** The court applied this principle by allowing the appellant to seek recall of

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## Parties

- **Judges:** INDIRA BA…; SANJIV K…
- **Appellants:** M/S ESS INVESTMENT…
- **Respondents:** LOKHANDWALA…

## Timeline

- **2018-01-01 — Filing of P…**: The appellant filed a petition against the Respondent No.1 before the NCLT Mumbai being…
- **2019-08-08 — Admission of…**: The petition being CP No.1023/MP/2019 filed…

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