# In the matter of CKPL Steels Pvt Ltd Vs. Ashok Magnetics Ltd CA (AT) (Insolvency) No. 252-2017

> NCLAT judgment dated 2017-12-05. Citation: TCN-2017-NCLAT-00026. The case pertains to Company Appeal (AT)(Insolvency) No. 252 of 2017 before the National…

- **Court:** NCLAT
- **Order date:** 5 Dec 2017
- **Citation:** TCN-2017-NCLAT-00026
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ckpl-steels-pvt-ltd-vs-ashok-magnetics-ltd-ca-1b7e3856

## Summary

### Background

The case pertains to Company Appeal (AT)(Insolvency) No. 252 of 2017 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant, CKPL Steels Pvt Ltd, sought to withdraw the appeal.

## Facts

CKPL Steels Pvt Ltd filed an appeal before the National Company Law Appellate Tribunal (NCLAT) against Ashok Magnetics Ltd. During the proceedings, the appellant, CKPL Steels Pvt Ltd, through its counsel Mr. Sahil Mullick, sought to withdraw the appeal. The respondents, Ashok Magnetics Ltd, through their counsel Mr. Arnav Das and others, did not object to the withdrawal. The NCLAT considered the submissions and dismissed the appeal as withdrawn without granting liberty to challenge the impugned order again. This means CKPL Steels Pvt Ltd cannot re-litigate the same issue before the NCLAT.

## Issues and analysis

### Issue 1: Whether the appellant's request to withdraw the appeal should be granted given the respondent's …

**Ratio:** An appellant has the right to withdraw an appeal, especially when the respondent does not

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**Reasoning:** The court considered the submission of the appellant's counsel seeking withdrawal and

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**Interpretation:** The legal principle is that an appellant can withdraw an appeal, and the court

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

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** CKPL Steels Pvt…
- **Respondents:** Ashok Magnetics…

## Timeline

- **2017-12-05 — Appeal Dis…**: The NCLAT dismissed the appeal as withdrawn without liberty to challenge the impugned…

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