# In the matter of Fun Gateway Arena Pvt. Ltd. vs. Smaaash Entertainment Pvt. Ltd. Through its RP Bhrugesh Amin & Ors.

> NCLAT judgment dated 2024-04-12. Citation: TCN-2024-NCLAT-00510. The case involves a Company Appeal (AT) (Insolvency) No. 1621 of 2023, along with I.A. No.…

- **Court:** NCLAT
- **Order date:** 12 Apr 2024
- **Citation:** TCN-2024-NCLAT-00510
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/fun-gateway-arena-pvt-ltd-vs-smaaash-entertainment-pvt-ltd-through-its-rp-bhruge-9b050e53

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 1621 of 2023, along with I.A. No. 2166 of 2024, before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. Fun Gateway Arena Pvt. Ltd. is the appellant, and Smaaash Entertainment Pvt. Ltd., through its Resolution Professional Bhrugesh Amin & Ors., is the respondent.

## Facts

Fun Gateway Arena Pvt. Ltd. filed an appeal against Smaaash Entertainment Pvt. Ltd. through its Resolution Professional Bhrugesh Amin. The appellant, Fun Gateway Arena Pvt. Ltd., sought to withdraw the appeal. The respondent, Smaaash Entertainment Pvt. Ltd., had no objection to the withdrawal. The court considered the withdrawal and its impact on the order impugned dated 22.11.2023. The appellant's request to withdraw the appeal was granted, and the appeal was dismissed as withdrawn. The order impugned dated 22.11.2023 remains operative.

## Issues and analysis

### Issue 1: Whether the Appellant should be …

**Ratio:** An appellant has the right to withdraw an appeal, subject to the court's discretion and

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**Reasoning:** The court considered the submission of the appellant's counsel and the lack of objection

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**Interpretation:** The right to withdraw an appeal is generally recognized, especially when the

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**Application:** The appellant's request was granted because the respondent had no objection,

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** Fun Gateway Arena…
- **Respondents:** Smaaash Entertainm…

## Timeline

- **2023-11-22 — Order Imp…**: Order impugned by the appellant, which continues to be operative after the appeal's…
- **2024-04-12 — Appeal Dis…**: The court dismissed the appeal as withdrawn, following the appellant's request and the…

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