# In the matter of HARENDRA SINGH KHOKAR Vs INDARPRASHTHA BUILDTECH PVT LTD

> SC judgment dated 2024-05-10. Citation: TCN-2024-SC-00066. The case involves a joint application filed by the appellant, Harendra Singh Khokhar (Director of…

- **Court:** SC
- **Order date:** 10 May 2024
- **Citation:** TCN-2024-SC-00066
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/harendra-singh-khokar-vs-indarprashtha-buildtech-pvt-ltd-02650c7c

## Summary

### Background

The case involves a joint application filed by the appellant, Harendra Singh Khokhar (Director of the Corporate Debtor/respondent no. 2 - M/s. Anjani Realtors Pvt. Ltd.), and the operational creditor/respondent no. 1 - Indarprashtha Buildtech Pvt. Ltd. The parties reached a compromise and settled the matter based on a Deed of Settlement dated 2024-02-01. As part of the agreement, two demand drafts totaling Rs.5 crores were handed over by the appellant's counsel to the respondent's counsel.

## Facts

Harendra Singh Khokhar, the appellant and Director of the Corporate Debtor/respondent no. 2 (M/s. Anjani Realtors Pvt. Ltd.), filed a joint application with Indarprashtha Buildtech Pvt. Ltd., the operational creditor/respondent no. 1, to settle their dispute. They reached a settlement agreement dated 2024-02-01, where the appellant agreed to pay Rs.5 crores via two demand drafts. The court requested an affidavit from the appellant regarding other creditors. The Resolution Professional's affidavit indicated that Indarprashtha Buildtech Pvt. Ltd. was the only creditor in the Committee of Creditors. Dues to the Interim Resolution Professional (Mr. Amit Talwar) were paid, but dues to the Resolution Professional (Mr. Piyush Moona) were only partially paid (Rs. 3,26,000/-).

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## Issues and analysis

### Issue 1: Whether the settlement agreement between the appellant and respondent should be approved by the …

**Ratio:** The court has the authority to approve settlement agreements between parties in civil

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**Reasoning:** The court considered the joint application filed by the parties, indicating their mutual

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**Interpretation:** The court interprets its role as facilitating settlements that are mutually

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**Application:** In this case, the court approved the settlement agreement, as it found the

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## Parties

- **Judges:** SANJIV K…; DIPANKAR…
- **Appellants:** Harendra Singh…
- **Respondents:** Anjani Realtors…; Indarprashtha…
- **Advocates:** Alok Agg…; Anush…; +10 more

## Timeline

- **2024-02-01 — Deed of Set…**: The parties compromised and settled the…
- **2024-02-28 — Order for Af…**: The court asked the appellant to file an affidavit stating as to whether there are any…

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