# In the matter of Avasarala Venkateshwara Rao Vs. Servomax India Pvt. Ltd. CA(AT)(Ins)No. 512 of 2020

> NCLAT judgment dated 2020-06-04. Citation: TCN-2020-NCLAT-00242. The case involves an appeal filed by Avasarala Venkateshwara Rao, in his capacity as…

- **Court:** NCLAT
- **Order date:** 4 Jun 2020
- **Citation:** TCN-2020-NCLAT-00242
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/avasarala-venkateshwara-rao-vs-servomax-india-pvt-ltd-ca-73167073

## Summary

### Background

The case involves an appeal filed by Avasarala Venkateshwara Rao, in his capacity as ‘Promoter' and ‘Director' of the suspended Board of the ‘Corporate Debtor'. The appellant sought to withdraw the appeal with liberty to file a fresh one in his individual capacity.

## Facts

Avasarala Venkateshwara Rao filed an appeal as ‘Promoter' and ‘Director' of the suspended Board of the ‘Corporate Debtor'. The appellant's counsel sought to withdraw the appeal because it was bound to fail due to a technical error. The appellant requested permission to file a fresh appeal in his individual capacity. The court granted the withdrawal with the condition that a fresh appeal could be filed within 15 days, subject to legal exceptions. The technical error is a key fact as it motivated the withdrawal and the subsequent permission to refile.

## Issues and analysis

### Issue 1: Whether the Appellant should be granted leave to withdraw the appeal and file a fresh one in his …

**Ratio:** The court has the discretion to allow the withdrawal of an appeal if there are valid

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**Reasoning:** The court reasoned that the appeal filed by the Appellant in his capacity as ‘Promoter'

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**Interpretation:** This issue involves the interpretation of the court's power to allow withdrawal

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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:** Bansi Lal…; Jarat Kuma…; +1 more
- **Appellants:** Avasarala…
- **Respondents:** Servomax India…

## Timeline

- **2020-06-04 — Order Da…**: The court allowed the withdrawal of the appeal with liberty to file a fresh one in…

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