# In the matter of AJR Infra and Tolling Ltd. vs. Sanjay Mishra, RP M/s. Rajahmundry Godavari Bridge Ltd. & Ors. I.A. No. 1770 & 1771 of 2023 in Company Appeal (AT) (Insolvency) No. 590 & 591 of 2023

> NCLAT judgment dated 2023-05-18. Citation: TCN-2023-NCLAT-00519. The case involves two Company Appeals (AT) (Insolvency) No. 590 of 2023 and No. 591 of 2023,…

- **Court:** NCLAT
- **Order date:** 18 May 2023
- **Citation:** TCN-2023-NCLAT-00519
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ajr-infra-and-tolling-ltd-vs-sanjay-mishra-rp-ms-rajahmundry-godavari-bridge-ltd-4292f42d

## Summary

### Background

The case involves two Company Appeals (AT) (Insolvency) No. 590 of 2023 and No. 591 of 2023, along with I.A. No. 1771 of 2023 and I.A. No. 1770 of 2023, filed before the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi. The appellant, AJR Infra and Tolling Ltd., sought to withdraw the appeals.

## Facts

AJR Infra and Tolling Ltd. filed Company Appeal (AT) (Insolvency) No. 590 of 2023 and Company Appeal (AT) (Insolvency) No. 591 of 2023 before the NCLAT against Sanjay Mishra, RP M/s. Rajahmundry Godavari Bridge Ltd. & Ors. The appellant, AJR Infra and Tolling Ltd., subsequently sought permission to withdraw both appeals. The learned counsel for the appellant made a prayer to this effect. The court considered the request and ultimately allowed the withdrawal of the appeals.

## Issues and analysis

### Issue 1: Whether the Appellant should be permitted to withdraw the Company Appeal (AT) (Insolvency) No. 590 …

**Ratio:** The legal principle applied is the court's discretion to allow the withdrawal of an

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**Reasoning:** The court reasoned that the appellant, having filed the appeals, has the right to

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**Interpretation:** The interpretation involves understanding the appellant's right to withdraw an

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** AJR Infra &…
- **Respondents:** Sanjay M…

## Timeline

- **2023-05-16 — Appellant's Withdrawal…**: Learned Counsel for the Appellant prays that Appellant be permitted to withdraw this…
- **2023-05-16 — Court Or…**: Prayer is allowed. C.A.(AT) Insolvency No. 590 and 591 of 2023 is permitted to be…

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