# In the matter of Aditya Bawa vs. Erbe Medical India Pvt. Ltd. & Anr.

> NCLAT judgment dated 2023-07-12. Citation: TCN-2023-NCLAT-00383. The case pertains to Company Appeal (AT) (Ins.) No. 678 of 2023 before the National Company…

- **Court:** NCLAT
- **Order date:** 12 Jul 2023
- **Citation:** TCN-2023-NCLAT-00383
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aditya-bawa-vs-erbe-medical-india-pvt-ltd-anr-0bbc23d7

## Summary

### Background

The case pertains to Company Appeal (AT) (Ins.) No. 678 of 2023 before the National Company Law Appellate Tribunal (NCLAT). The appellant sought permission to withdraw the appeal to enable the appellant to take reports of Section 12A process.

## Facts

The appellant, Aditya Bawa, filed a Company Appeal (AT) (Ins.) No. 678 of 2023. The appellant's counsel requested permission to withdraw the appeal to enable the appellant to take reports of Section 12A process. The respondents are Erbe Medical India Pvt. Ltd. & Anr. The court allowed the prayer and dismissed the appeal as withdrawn. The appearance for both appellant and respondent was not marked.

## Issues and analysis

### Issue 1: Whether the appellant should be permitted to withdraw the appeal to enable the appellant to take …

**Ratio:** An appellant can withdraw an appeal if they believe it is necessary for further

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**Reasoning:** The court considered the appellant's request to withdraw the appeal to facilitate the

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**Interpretation:** The interpretation is that the court has the discretion to allow the withdrawal

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**Application:** In this case, the appellant sought to withdraw the appeal to enable the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Aditya…
- **Respondents:** Erbe Medical…

## Timeline

- **2023-07-12 — Appeal Withdrawal…**: Learned Counsel for the Appellant prays that appellant be permitted to withdraw the…
- **2023-07-12 — Appeal Dis…**: Prayer is allowed. Appeal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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