# In the matter of Alpha Corp Development Pvt. Ltd. Vs. Om Drishian International Ltd. & Consortium (B.R Kohli Pvt. Ltd.) & Anr. CA(AT)(Ins.)No. 1358 of 2019

> NCLAT judgment dated 2019-11-26. Citation: TCN-2019-NCLAT-00079. The case involves a Company Appeal (AT) (Ins.) No. 1358 of 2019 before the National Company…

- **Court:** NCLAT
- **Order date:** 26 Nov 2019
- **Citation:** TCN-2019-NCLAT-00079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/alpha-corp-development-pvt-ltd-vs-om-drishian-international-ltd-consortium-b27ce187

## Summary

### Background

The case involves a Company Appeal (AT) (Ins.) No. 1358 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. M/S Alpha Corp Development Pvt. Ltd. is the Appellant, and Om Drishian International Ltd. & Consortium (B.R. Kohli Construction Pvt. Ltd.) & Anr. are the Respondents. The Appellant sought to withdraw the appeal because the Adjudicating Authority had agreed to hear and address the Appellant's grievance.

## Facts

M/S Alpha Corp Development Pvt. Ltd. filed an appeal before the National Company Law Appellate Tribunal (NCLAT) against Om Drishian International Ltd. & Consortium (B.R. Kohli Construction Pvt. Ltd.) & Anr. The appellant's counsel stated that the Adjudicating Authority had agreed to hear and address the appellant's grievance. Consequently, the appellant sought to withdraw the appeal. The court then disposed of the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the Appellant can withdraw the appeal based on the Adjudicating Authority's agreement to …

**Ratio:** An appellant has the right to withdraw an appeal, especially when the underlying

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**Reasoning:** The court accepted the submission of the Appellant's counsel that the Adjudicating

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**Interpretation:** The interpretation is that an appellant's decision to withdraw an appeal is

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**Application:** In this specific case, the Appellant's decision to withdraw the appeal was

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## Parties

- **Judges:** Bansi Lal…; Venugop…
- **Appellants:** M/S Alpha Corp…
- **Respondents:** Om Drishian…
- **Advocates:** Ashok K Man…; Sandeep Bh…; +3 more

## Timeline

- **2019-11-26 — Order Da…**: The learned counsel for the Appellant submits that since the Adjudicating Authority has…

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