# In the matter of DBM Geotechnics and Construction Private Ltd. Vs. Gopalpur Ports Ltd. CA (AT) No.178 of 2017

> NCLAT judgment dated 2017-11-20. Citation: TCN-2017-NCLAT-00052. The appeal was preferred by the Operational Creditor against the order dated August 9, 2017,…

- **Court:** NCLAT
- **Order date:** 20 Nov 2017
- **Citation:** TCN-2017-NCLAT-00052
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dbm-geotechnics-and-construction-private-ltd-vs-gopalpur-ports-ltd-ca-a592cee5

## Summary

### Background

The appeal was preferred by the Operational Creditor against the order dated August 9, 2017, passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench in C.P. (IB) No. 250/KB/2017, which rejected the application preferred by the Appellant-Operational Creditor. The matter was adjourned earlier on the Appellant's application for negotiation to settle the dispute. An application was filed on behalf of the Appellant for withdrawal of the Appeal due to a settlement agreement dated November 9, 2017.

## Facts

DBM Geotechnics and Construction Private Limited, the Appellant (Operational Creditor), filed an appeal against the order dated August 9, 2017, passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, which rejected their application in C.P. (IB) No. 250/KB/2017. The Appellant sought to withdraw the appeal due to a settlement agreement reached with Gopalpur Ports Limited, the Respondent, dated November 9, 2017. The court considered the application for withdrawal and disposed of the appeal as withdrawn, without delving into the merits of the case. The appellant was not given liberty to challenge the order again.

## Issues and analysis

### Issue 1: Whether the Appellant should be allowed to withdraw the appeal based on the settlement agreement …

**Ratio:** An appellate court may allow the withdrawal of an appeal when the parties have reached a

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**Reasoning:** The court reasoned that since the Appellant had reached a settlement agreement with the

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**Interpretation:** This legal issue involves the interpretation of the principles governing the

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**Application:** In this case, the court applied the ratio by allowing the Appellant to withdraw

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** DBM Geotechnics…
- **Respondents:** Gopalpur Ports…

## Timeline

- **2017-08-09 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, passed an…
- **2017-11-09 — Settlement Ag…**: The Appellant and Respondent reached a…

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