# In the matter of HDFC Bank Ltd. vs. Rabindra Kumar Mintri Liquidator, International Trenching Pvt. Ltd. & Anr.

> NCLAT judgment dated 2024-01-24. Citation: TCN-2024-NCLAT-00671. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT),…

- **Court:** NCLAT
- **Order date:** 24 Jan 2024
- **Citation:** TCN-2024-NCLAT-00671
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/hdfc-bank-ltd-vs-rabindra-kumar-mintri-liquidator-international-trenching-pvt-lt-9ccc4086

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi. The appellant, HDFC Bank Ltd., sought to withdraw the appeal. The respondents are Rabindra Kumar Mintri Liquidator, International Trenching Pvt. Ltd. & Anr.

## Facts

HDFC Bank Ltd. filed an appeal before the NCLAT against Rabindra Kumar Mintri Liquidator, International Trenching Pvt. Ltd. & Anr. On January 24, 2024, the appellant, represented by Ms. Richa Sandilya, sought to withdraw the appeal. The respondents, represented by Ms. Sandhya Kohli and Mr. Rachi Ranjan, did not object to the withdrawal. Consequently, the NCLAT dismissed the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the appellant's request for withdrawal of the appeal should be granted given the …

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

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**Reasoning:** The court reasoned that since the appellant sought to withdraw the appeal and the

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**Interpretation:** This reflects the principle that parties are generally free to control the

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**Application:** In this case, the appellant's request was straightforward, and the respondent's

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…
- **Appellants:** HDFC Bank…
- **Respondents:** International…; Rabindra Kumar…

## Timeline

- **2024-01-24 — Appeal Dis…**: The appellant's counsel requested withdrawal of the appeal, and the respondent did not…

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