IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4993 OF 2021

(Arising out of S.L.P.(Civil)No.12386 of 2021)

KAMAL K.SINGH

...Appellant(s)

Vs.

DINESH GUPTA & ANR.

...Respondent(s)

O R D E R

Leave granted.

(2)

This appeal arises out of a judgment and order

dated 06.08.2021 passed by the National Company Law

Tribunal, Mumbai Bench, in I.A. NO.1196 of 2021 in

Company Petition (IB) No.1069 of 2020, rejecting the

application filed by the respondent no.1 under Rule

11 of the National Company Law Tribunal Rules, 2016

(for short, “the NCLT Rules”) praying inter alia for

withdrawal of company petition and to set aside the

initiation of Corporate Insolvency Resolution

Process (CIRP) based on the settlement between the

parties arrived before the constitution of Committee

of Creditors (CoC).

(3)

We have heard learned counsel for the parties.

It is not in dispute that CoC has not been

constituted so far. This Court in Swiss Ribbons

1

Digitally signed by

Anita Malhotra

Date: 2021.09.13

16:35:45 IST

Reason:

Signature Not Verified

Private Limited and Anr. v. Union of India and

Others – (2019) 4 SCC 17 has held that at any st