ORDER 1. The present appeal arises out of the impugned judgment dated 12th July, 2018, passed by the National Company Law Appellate Tribunal [hereinafter 'NCLAT' for brevity] in Company Appeal (AT) (Insolvency) No.57 of 2018, wherein the NCLAT allowed the appeal preferred by Respondent No.1 herein and set aside the order dated 2nd February, 2018 passed by the National Company Law Tribunal [hereinafter 'NCLT' for brevity] in CP No. (IB) 130/7/NCLT/AHM/2017. 2. Brief facts giving rise to the present appeal are that the Appellant and R.Nos.2 and 3 allegedly provided loans of various amounts to R.No.4 Company herein (hereinafter referred to as "the Corporate Debtor") in the form of unsecured loans. When those unsecured loans were not repaid by the Corporate Debtor, Respondent No.2, being the holder of power of attorney of Appellant and R.No.3 herein, filed a Petition u/s 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "I&B Code") r/w Rule 4 of the Insolvency and Bankruptcy Rules, 2016 (hereinafter referred to as "I&B Rules") to commence Corporate Insolvency Resolution Process in respect of the Corporate Debtor. 3. Adjudicating thereupon, the NCLT passed an order dated 02.02.2018 admitting the Petition in respect of Appellant and R.No.3, but holding that the Petition in respect of R.No.2 was not maintainable as he was estopped from triggering Corporate Insolvency Resolution Process on account of contractual bar due to agreement with banker of the Corporate Debtor, in his capacity as its Director. 4. Respondent No.1, being aggrieved with the order of NCLT, preferred appeal before NCLAT, which came to be allowed by judgment dated 12.07.2018, wherein it was held that the aforementioned petition before NCLT in respect of Appellant and R.No.3, was also not maintainable, as there is nothing on record to prove that they had given the loan in favour of the Corporate Debtor. It was further held that interest @ 12% per annum paid by the Corporate Debtor during certain period, cannot be the ground to hold that the debt comes within the meaning of Financial Debt to treat the Appellant and R.No.3 herein as 'Financial Creditors'. 5. Assailing the aforesaid order dated 12.07.2018 passed by the NCLAT, the appellant is before this Court by way of the instant appeal. 6. We have heard learned counsel for the parties and perused the material on record.
5. Assailing the aforesaid order dated 12.07.2018 passed by the NCLAT, the appellant is before this Court by way of the instant appeal. 6. We have heard learned counsel for the parties and perused the material on record. When the matter was taken up on 30.11.2018, this Court was of the view that the dispute between the parties could be settled amicably, to which the parties also expressed their willingness for settling the dispute with mutual understanding. Accordingly, the parties have arrived at an amicable settlement and an application has been filed in the instant appeal for taking on record their Settlement Agreement dated 18.12.2018. 7. We have given our consideration to the Settlement Agreement dated 18.12.2018 arrived at between the parties herein. While allowing the interlocutory application, we direct that the said Settlement Agreement shall form part of this order. In consequence thereof, nothing remains for further adjudication in the Civil Appeal and therefore, the appeal as well as other pending applications, if any, shall also stand disposed of. There shall be no order as to costs.