# In the matter of Sequel Alloys and Wires Private Limited Vs. Vedanta Limited Civil Appeal No. 839-2018

> SC judgment dated 2018-01-24. Citation: TCN-2018-SC-00079. The case involves an operational debt dispute between M/S Sequel Alloys and Wires Private Limited…

- **Court:** SC
- **Order date:** 24 Jan 2018
- **Citation:** TCN-2018-SC-00079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sequel-alloys-and-wires-private-limited-vs-vedanta-limited-civil-appeal-no-839-2-db9f56fd

## Summary

### Background

The case involves an operational debt dispute between M/S Sequel Alloys and Wires Private Limited and M/S Vedanta Limited. The National Company Law Tribunal (NCLT), New Delhi, had admitted the petition of the operational creditor (M/S Vedanta Limited) via an order dated 2017-11-15. Subsequently, the parties settled the matter through e-mails exchanged on 2017-12-20.

## Facts

M/S Sequel Alloys and Wires Private Limited was involved in a dispute concerning an operational debt with M/S Vedanta Limited. The National Company Law Tribunal (NCLT), New Delhi, initially admitted a petition filed by M/S Vedanta Limited. However, the parties subsequently reached a settlement through e-mail exchanges on 2017-12-20. The Supreme Court took these e-mails into consideration and, using its powers under Article 142 of the Constitution of India, set aside the NCLT's order. An application 38/2018 was filed by the Corporate Debtor placing on record the order passed by the Hon'ble Apex Court in SLP Civil 718/2018 whereby the proceedings before this Adjudication Authority has been set aside in exercise of their powers u/s 142 of the Constitution. The only

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## Issues and analysis

### Issue 1: Whether the Supreme Court was justified in setting aside the order of the National Company Law …

**Ratio:** A settlement between parties can form the basis for the disposal of a case, especially

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**Reasoning:** The court acknowledged the settlement reached between the parties through e-mail

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**Interpretation:** The court interpreted the settlement as a valid basis for altering the previous

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**Application:** The settlement between M/S Sequel Alloys and Wires Private Limited and M/S

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** M/S SEQUEL ALLOYS…
- **Respondents:** M/s Sequal Alloys…; M/S VEDANTA…
- **Other parties:** Over Tu…

## Timeline

- **2017-11-15 — NCLT Ord…**: The National Company Law Tribunal, New Delhi, admitted the petition of the operational…
- **2017-12-20 — Settlement via…**: The parties settled the matter…

## 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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