# In the matter of Hotel Gaudavan Pvt. Ltd. vs. Alchemist Asset Reconstruction Co Ltd.

> NCLAT judgment dated 2017-07-17. Citation: TCN-2017-NCLAT-00158. The case was previously heard in part. The appellant's counsel sought permission to withdraw…

- **Court:** NCLAT
- **Order date:** 17 Jul 2017
- **Citation:** TCN-2017-NCLAT-00158
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/hotel-gaudavan-pvt-ltd-vs-alchemist-asset-reconstruction-co-ltd-5b711d19

## Summary

### Background

The case was previously heard in part. The appellant's counsel sought permission to withdraw the appeal to allow the petitioner to file an appropriate application before the competent authority's court. The respondent's counsel had no objections.

## Facts

M/s. Hotel Gaudavan Pvt. Ltd. filed an appeal against Alchemist Asset Reconstruction Co. Ltd. The appellant's counsel sought permission to withdraw the appeal to file an appropriate application before the court of competent authority. The respondent's counsel did not object to the withdrawal. The court dismissed the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the appellant should be granted …

**Ratio:** An appellant can withdraw an appeal with the permission of the court, especially when the

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**Reasoning:** The court considered the appellant's request to withdraw the appeal and noted that the

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**Interpretation:** The legal principle allows for the withdrawal of an appeal when the appellant

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**Application:** In this case, the appellant sought to withdraw the appeal to file an

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## Parties

- **Judges:** S.J. Mukhop…; Balvinder…
- **Appellants:** M/s. Hotel…
- **Respondents:** Alchemist Asset…
- **Advocates:** Abhishek…; Amit Ch…; +1 more

## Timeline

- **2017-07-17 — Order Da…**: The court dismissed the…

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