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Supreme Court of India 2017-11-13 allowed

Uttara Foods and Feeds Private Limited vs Mona Pharmachem

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Uttara Foods and Feeds Private Limited appealed against a National Company Law Appellate Tribunal order. The parties subsequently settled their dispute amicably. The Supreme Court held that while the NCLAT lacked explicit authority to allow compromises after insolvency admission due to existing rules, the Court itself could use its constitutional powers under Article 142 to record the settlement. The Court set aside the NCLAT order and recommended that the relevant rules be amended to grant NCLAT explicit powers to handle settled insolvency disputes, thereby reducing unnecessary appeals to the Supreme Court.

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Insolvency and Bankruptcy Civil Procedure Constitutional Law Alternative Dispute Resolution Appellate Jurisdiction

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