# In the matter of Capt. Surinder Singh Grewal vs. Aamby Valley Ltd.

> NCLAT judgment dated 2023-08-01. Citation: TCN-2023-NCLAT-00326. The appellant sought to withdraw the appeal to approach the Supreme Court, citing a prior…

- **Court:** NCLAT
- **Order date:** 1 Aug 2023
- **Citation:** TCN-2023-NCLAT-00326
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/capt-surinder-singh-grewal-vs-aamby-valley-ltd-0071ff41

## Summary

### Background

The appellant sought to withdraw the appeal to approach the Supreme Court, citing a prior order from the Supreme Court dated 07.02.2018 in Contempt Petition No. 1820-1822 of 2017.

## Facts

The appellant, Capt. Surinder Singh Grewal, filed an appeal. The appellant's counsel requested to withdraw the appeal to approach the Supreme Court, referencing a prior Supreme Court order dated 07.02.2018 in Contempt Petition No. 1820-1822 of 2017. The NCLAT then dismissed the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the appellant should be allowed to …

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

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**Reasoning:** The court allowed the withdrawal based on the appellant's stated intention to approach

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**Interpretation:** The interpretation is that an appellant can withdraw an appeal if they intend

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**Application:** The appellant's request to withdraw the appeal was granted because they

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…
- **Appellants:** Capt. Surinder…
- **Respondents:** Aamby Valle…
- **Advocates:** S.S. Ahlu…; Sandeep…; +2 more

## Timeline

- **2018-02-07 — Supreme Cour…**: Order dated 07.02.2018 passed by the 'Hon'ble Supreme Court' in 'Contempt Petition No.…
- **2023-08-01 — Appeal Withdrawal…**: Counsel for the Appellant prays for withdrawal of his appeal in order to approach the…

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