Back
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Sharad Kumar Sharma, Judicial Member
Avant Garde Clean Room & Engg. Solutions Pvt. Ltd. – Appellant
Versus
HLL Biotech Ltd. – Respondent
| Table of Content |
|---|
| 1. initiation of section 9 proceedings and settlement leading to withdrawal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. appellant's claim for restoration based on settlement default clause. (Para 9 , 10 , 24 , 25) |
| 3. order 23 rule 3a cpc bars restoration post-compromise withdrawal. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. no restoration right reserved; withdrawn proceedings final. (Para 17 , 18 , 19 , 27 , 28 , 29) |
| 5. 'competent authority' excludes nclt for post-settlement recovery. (Para 20 , 21 , 22 , 23) |
| 6. settlement default creates new cause; execution, not restoration. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. tribunal correctly rejected restoration; appeal dismissed. (Para 38 , 39 , 40 , 41) |
O R D E R
(Hybrid Mode)
13.03.2026:
Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial): The Appellant is an Applicant to the proceedings under Section 9 of I & B Code, 2016, which stood registered, as CP(IB) No. 02 / KOB / 2021, before the NCLT, Kochi Bench.
2. The reason for initiation of those proceedings, as against the Corporate Debtor had been that there was an inability on part of the Corporate Debtor to pay an amount due to be remitted amounting to Rs.7,93,49,287/
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
