# In the matter of Impex Ferro Tech Limited Vs. Agarwal Coal Corporation Pvt. Ltd. SLP No. 33687-2017

> SC judgment dated 2017-12-11. Citation: TCN-2017-SC-00005. The case involves a Special Leave Petition filed against a judgment and order passed by the…

- **Court:** SC
- **Order date:** 11 Dec 2017
- **Citation:** TCN-2017-SC-00005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/impex-ferro-tech-limited-vs-agarwal-coal-corporation-pvt-ltd-slp-no-33687-2017-219e91a5

## Summary

### Background

The case involves a Special Leave Petition filed against a judgment and order passed by the National Company Law Tribunal (NCLT), Kolkata Bench. The Supreme Court heard the learned counsel for the parties and utilized its powers under Article 142 of the Constitution of India to resolve the matter. The parties had entered into a Terms of Settlement dated 17.11.2017, which the court took on record. The court also recorded the undertaking of both parties to abide by the Consent Terms.

## Facts

Impex Ferro Tech Limited filed a Special Leave Petition against Agarwal Coal Corporation Private Limited arising out of a final judgment and order dated 24-11-2017 in CA No. 512/KB/2017 passed by the National Company Law Tribunal, Kolkata Bench. The Supreme Court heard the petition on 11-12-2017. The parties had entered into a Terms of Settlement dated 17.11.2017. The court took the Terms of Settlement on record and recorded the undertaking of both parties to abide by the Consent Terms. The Special Leave Petition was then disposed of, and the NCLT's judgment was substituted by the Supreme Court's order. The key fact is the settlement agreement between the parties, which led to the disposal of the petition.

## Issues and analysis

### Issue 1: Whether the Supreme Court can dispose of a Special Leave Petition based on the Terms of Settlement …

**Ratio:** The Supreme Court has the power to dispose of a case based on the settlement between the

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**Reasoning:** The court reasoned that giving effect to the settlement would bring a quietus to the

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**Interpretation:** This implies that the court recognizes and respects the autonomy of the parties

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**Application:** In this case, the court applied this principle by accepting the Terms of

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** Impex Ferro Tech…
- **Respondents:** Agarwal Coal…
- **Other parties:** Over Tu…

## Timeline

- **2017-11-17 — Terms of Set…**: Terms of Settlement entered…
- **2017-11-24 — NCLT Ord…**: Impugned final judgment and order passed by the National Company Law Tribunal, Kolkata…

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