# In the matter of Kapil Gupta & Anr. Vs. Indiabulls Housing Finance Ltd. & Anr. Civil Appeal No(s). 20924-2017

> SC judgment dated 2017-12-08. Citation: TCN-2017-SC-00006. The case involves a civil appeal before the Supreme Court of India. The parties, Kapil Gupta & Anr.…

- **Court:** SC
- **Order date:** 8 Dec 2017
- **Citation:** TCN-2017-SC-00006
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/kapil-gupta-anr-vs-indiabulls-housing-finance-ltd-anr-civil-appeal-no-0d118520

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India. The parties, Kapil Gupta & Anr. (appellants) and Indiabulls Housing Finance Ltd. & Anr. (respondents), had entered into a Settlement Agreement (MoU) dated 07.12.2017. The appeal was called for hearing on 08-12-2017.

## Facts

Kapil Gupta & Anr. filed a civil appeal against Indiabulls Housing Finance Ltd. & Anr. before the Supreme Court of India. The parties had entered into a Settlement Agreement (MoU) dated 07.12.2017. The Supreme Court took the Settlement Agreement on record and disposed of the appeal, setting aside the impugned order and disposing of the matter pending before the National Company Law Tribunal. The court invoked its powers under Article 142 of the Constitution of India to pass the order. The appeal was heard on 08-12-2017.

## Issues and analysis

### Issue 1: Whether the Supreme Court can dispose of a civil appeal based on a Settlement Agreement (MoU) …

**Ratio:** The Supreme Court has the power to dispose of a civil appeal based on a Settlement

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**Reasoning:** The court acknowledged the Settlement Agreement (MoU) and considered it appropriate to

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**Interpretation:** This interpretation allows parties to resolve their disputes outside of court

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**Application:** In this case, the existence of the Settlement Agreement (MoU) between Kapil

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** Kapil G…
- **Respondents:** Indiabulls…
- **Other parties:** Over Tu…

## Timeline

- **2017-12-07 — Settlement Agreement…**: Settlement Agreement (MoU)…
- **2017-12-08 — Hearing…**: Appeal was called on…

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