CA 8144 of 2023
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 8144 of 2023
Moorgate Industries India Private Limited … Appellant
Versus
Rita Singh & Ors … Respondents
O R D E R
1 A settlement was arrived at during the pendency of the proceedings before the
National Company Law Appellate Tribunal. The appellant sought to oppose the
settlement. The NCLAT has observed that the operational creditors are fully
entitled to pursue their claims against the corporate debtor in accordance with
law including by way of proceedings under the Insolvency and Bankruptcy Code,
2016.
2 The appellant claims to have an arbitral award in its favour. The award the
subject of proceedings pending before the High Court of Judicature at Bombay
under Section 34 of the Arbitration and Conciliation Act, 1996.
3 The NCLAT was correct in observing that the appellant has remedies of its own
which it can pursue. Hence we are not inclined to entertain the Appeal but leave
it open to the appellant to pursue its remedies in law.
2 CA 8144 of 2023
4 The Appeal is accordingly dismissed.
5 Pending applications, if any, stand disposed of.
…...…...….......………………....…CJI. [Dr Dhananjaya Y Chandrachud]
…...…...….......………………....…..J. [J B Pardiwala]
…...…...….......………………....…..J. ...