# In the matter of Romi Datta vs. Sigma Supply Chain Solutions Pvt. Ltd. & Anr.

> SC judgment dated 2025-02-24. Citation: TCN-2025-SC-00078. This appeal arises from an order passed by the National Company Law Appellate Tribunal (NCLAT),…

- **Court:** SC
- **Order date:** 24 Feb 2025
- **Citation:** TCN-2025-SC-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/romi-datta-vs-sigma-supply-chain-solutions-pvt-ltd-anr-17bb9afc

## Summary

### Background

This appeal arises from an order passed by the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, in Company Appeal(AT) (Ins.) No.1652/2023 dated 26-11-2024, which dismissed the appellant's appeal and affirmed the Adjudicating Authority's order admitting a Section 9 IBC petition.

## Facts

The appeal arises from an order of the NCLAT dismissing an appeal against the admission of a Section 9 IBC petition.

A Section 9 petition was filed on 27-12-2021.

The principal amount claimed was Rs.2,19,49,432.60, and the interest amount was Rs.2,56,41,036.00.

The NCLT passed an order initiating CIRP against the Corporate Debtor on 6-12-2023.

The NCLAT passed an order on 18-12-2023, stating that no further steps should be taken in the CIRP.

The entire outstanding of the operational creditor has been settled along with another operational creditor (DARCL Logistics) forming part of COC.

Operational Creditor in the Civil Appeal Rs,2,80,00,000/- (Rupees Two Crore and Eighty Lakh only)

DARCL Logistics Rs.21,00,000/- (Rupees Twenty One Lakh)

## Issues and analysis

### Issue 1: Whether the appeal should be adjudicated on …

**Ratio:** The court need not adjudicate the appeal on merits due to the settlement between the

…

**Reasoning:** The parties have reached a settlement,

…

**Interpretation:** Settlements between parties can obviate the need for judicial determination on

…

**Application:** The court disposed of the appeal based on the settlement, without examining the

…

## Parties

- **Judges:** J.B. PARD…; R. MAHA…
- **Appellants:** Romi D…
- **Respondents:** Sigma Supply…
- **Other parties:** Over Tu…; DARCL Log…; +1 more
- **Advocates:** Soayib Qu…; Navin P…; +17 more

## Timeline

- **2021-12-27 — Filing of Section 9…**: Section 9 petition was…
- **2023-12-06 — Initiation…**: The NCLT passed an order initiating…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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