# In the matter of Ashok Kumar Tyagi Vs. UCO Bank, Contempt Case (AT) No. 28 of 2022 in Company Appeal (AT)(Ins) No. 1323 of 2022

> NCLAT judgment dated 2022-11-11. Citation: TCN-2022-NCLAT-00112. The case pertains to a Contempt Case (AT) No. 28 of 2022, filed in Comp. App. (AT) (Ins.) No.…

- **Court:** NCLAT
- **Order date:** 11 Nov 2022
- **Citation:** TCN-2022-NCLAT-00112
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ashok-kumar-tyagi-vs-uco-bank-contempt-case-94f728de

## Summary

### Background

The case pertains to a Contempt Case (AT) No. 28 of 2022, filed in Comp. App. (AT) (Ins.) No. 1323 of 2022 before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. The appellant/petitioner is Ashok Kumar Tyagi, and the respondent/contemnor is Mr. Santanu Brahma, Resolution Professional. The appellant sought to withdraw the Contempt Application.

## Facts

Ashok Kumar Tyagi filed a Contempt Case (AT) No. 28 of 2022, which was related to Comp. App. (AT) (Ins.) No. 1323 of 2022. Mr. Santanu Brahma, a Resolution Professional, was the respondent/contemnor. The appellant, Ashok Kumar Tyagi, through his counsel, Shri Virender Ganda, sought permission to withdraw the Contempt Application with the liberty to file a fresh application. The court allowed the withdrawal, and the Contempt Application was dismissed as withdrawn. The key fact is the appellant's decision to withdraw the contempt application, suggesting a change in strategy or resolution of the underlying issue.

## Issues and analysis

### Issue 1: Whether the Appellant should be permitted to withdraw the Contempt Application with liberty to file …

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

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**Reasoning:** The court reasoned that allowing the withdrawal would not cause undue prejudice and would

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**Interpretation:** The interpretation involves understanding the court's power to manage its

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**Application:** In this specific case, the ratio and reasoning were applied to allow Ashok

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** ASHOK KUMAR…
- **Respondents:** Santanu B…

## Timeline

- **2022-11-11 — Order Da…**: The court allowed the withdrawal of the Contempt Application with liberty to file an…

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