# In the matter of Ankit Bhupendra Kumar Patel vs. PradyumanKumar Dwarkadas Patel & Ors. CA(AT)(Ins)No. 535 of 2020 & I.A No. 1470 of 2020

> NCLAT judgment dated 2020-06-25. Citation: TCN-2020-NCLAT-00204. The case is a Company Appeal (AT) (Insolvency) No. 535 of 2020 along with I.A. No. 1470 of…

- **Court:** NCLAT
- **Order date:** 25 Jun 2020
- **Citation:** TCN-2020-NCLAT-00204
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ankit-bhupendra-kumar-patel-vs-pradyumankumar-dwarkadas-patel-ors-ca-19a5b2d5

## Summary

### Background

The case is a Company Appeal (AT) (Insolvency) No. 535 of 2020 along with I.A. No. 1470 of 2020 before the National Company Law Appellate Tribunal, New Delhi. The appellant, Ankit Bhupendra Kumar Patel (Suspended Director of Polygold Pre-Cured Systems Ltd.), sought to withdraw the appeal.

## Facts

Ankit Bhupendra Kumar Patel, the suspended director of Polygold Pre-Cured Systems Ltd., filed a Company Appeal (AT) (Insolvency) No. 535 of 2020. During the proceedings, the appellant, represented by Ms. Varsha Banerjee, Advocate, sought to withdraw the appeal. The court considered this request and disposed of the appeal as withdrawn. An interim direction related to the constitution of the Committee of Creditors was also vacated as a consequence of the withdrawal.

## Issues and analysis

### Issue 1: Whether the Appellant's request to …

**Ratio:** An appellant has the right to withdraw an appeal, and the court typically grants such a

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**Reasoning:** The court considered the request of the appellant, represented by their advocate, to

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**Interpretation:** The legal principle is that an appellant generally has the right to withdraw

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**Application:** In this case, the appellant sought to withdraw the appeal, and the court found

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## Parties

- **Judges:** Bansi Lal…; V. P. S…; +1 more
- **Appellants:** Ankit Bhupendra…
- **Respondents:** Polygold Pre-Cured…; PradyumanKumar…

## Timeline

- **2020-06-25 — Order…**: Ms. Varsha Banerjee, Advocate for the Appellant, seeks to withdraw the appeal. The appeal…

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