# In the matter of Gopal Krishan Bathla Vs. Crown Realtech Pvt. Ltd.  Anr. Civil Appeal No. 2726 of 2020

> SC judgment dated 2021-01-11. Citation: TCN-2021-SC-00084. The appeal concerns a dispute regarding the jurisdiction of the National Company Law Tribunal…

- **Court:** SC
- **Order date:** 11 Jan 2021
- **Citation:** TCN-2021-SC-00084
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/gopal-krishan-bathla-vs-crown-realtech-pvt-ltd-anr-civil-appeal-no-2726-of-2020-b1c53729

## Summary

### Background

The appeal concerns a dispute regarding the jurisdiction of the National Company Law Tribunal (NCLT) under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appellant raised a larger issue about the NCLT's jurisdiction. However, the respondent No. 2 asserted that a settlement had been reached, which the opposite party did not implement. The Committee of editors approved the revival plan.

## Facts

Gopal Krishan Bathla filed a civil appeal against Crown Realtech Pvt. Ltd. & Anr. The appeal concerned the jurisdiction of the National Company Law Tribunal (NCLT) under Section 7 of the Insolvency and Bankruptcy Code, 2016. Respondent No. 2 claimed that a settlement had been reached but not implemented. The Committee of editors approved a revival plan subsequent to the impugned order. The Supreme Court disposed of the appeal based on the respondent's stand and the approval of the revival plan, without addressing the jurisdictional issue.

## Issues and analysis

### Issue 1: Whether the jurisdiction of the National Company Law Tribunal under Section 7 of the Insolvency and …

**Ratio:** When a settlement is claimed by one party and a revival plan has been approved, the court

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**Reasoning:** The court reasoned that since respondent No. 2 claimed a settlement and the Committee of

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**Interpretation:** This suggests that the court prioritizes potential resolutions like settlements

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**Application:** In this case, the court applied the principle by disposing of the appeal based

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## Parties

- **Judges:** A.M. KHAN…; B.R. G…; +1 more
- **Appellants:** GOPAL KRISHAN…
- **Respondents:** CROWN REALTECH…
- **Other parties:** Over Tu…

## Timeline

- **2021-01-11 — Hearing…**: The appeal was called…
- **2021-01-11 — Order Da…**: The Civil Appeal was disposed of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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