# In the matter of Ann George & Ors. vs. K. Parameshwaran Nair, (IA No. 406 & 407-2023) in  Company Appeal (AT) (CH) (Ins) No. 112,113,114, 117 & 118-2023

> NCLAT judgment dated 2023-06-07. Citation: TCN-2023-NCLAT-00450. Several Company Appeals (AT) (CH) (Ins) No. 112/2023, 113/2023, 114/2023, 115/2023, 117/2023…

- **Court:** NCLAT
- **Order date:** 7 Jun 2023
- **Citation:** TCN-2023-NCLAT-00450
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ann-george-ors-vs-k-parameshwaran-nair-b0127d7e

## Summary

### Background

Several Company Appeals (AT) (CH) (Ins) No. 112/2023, 113/2023, 114/2023, 115/2023, 117/2023 and 118/2023 were filed under Section 61(1) of the Insolvency and Bankruptcy Code, 2016, arising out of the Impugned Order dated 22/02/2023 in various IA(IBC)/KOB/2022 in C.P.(IB)/33/KOB/2021, passed by the 'Adjudicating Authority', (National Company Law Tribunal, Kochi Bench, Kerala).

## Facts

Several Company Appeals (AT) (CH) (Ins) No. 112/2023, 113/2023, 114/2023, 115/2023, 117/2023 and 118/2023 were filed before the National Company Law Appellate Tribunal (NCLAT) at Chennai. These appeals arose from orders passed by the National Company Law Tribunal (NCLT), Kochi Bench, in various IA(IBC) applications within the context of C.P.(IB)/33/KOB/2021. The appellant, represented by Mr. Pradeep Joy, Advocate, sought permission to withdraw the appeals. The NCLAT considered this request. The impugned order was dated 22/02/2023. The appeals were filed under Section 61(1) of the Insolvency and Bankruptcy Code, 2016.

## Issues and analysis

### Issue 1: Whether the appellant should be granted permission …

**Ratio:** An appellant has the right to withdraw an appeal, subject to the discretion of the court

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**Reasoning:** The Tribunal considered the request of the appellant's counsel to withdraw the appeals

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**Interpretation:** The interpretation is based on the procedural law that allows an appellant to

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**Application:** The Tribunal applied the ratio by granting permission to the appellant to

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## Parties

- **Judges:** M. Venu…; Shreesha…
- **Appellants:** Ann Ge…
- **Respondents:** K. Parameshwaran…

## Timeline

- **2023-02-22 — Impugned Ord…**: The Adjudicating Authority (National Company Law Tribunal, Kochi Bench, Kerala) passed…
- **2023-06-07 — Order Da…**: The NCLAT allowed the appellant to withdraw…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(1) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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