# In the matter of Mahesh Nimawat Vs. PM Cold Storage Pvt. Ltd. & Ors. CA(AT)(Ins)No. 821 of 2020

> NCLAT judgment dated 2020-09-25. Citation: TCN-2020-NCLAT-00103. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), New…

- **Court:** NCLAT
- **Order date:** 25 Sept 2020
- **Citation:** TCN-2020-NCLAT-00103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mahesh-nimawat-vs-pm-cold-storage-pvt-ltd-ors-ca-9a6162c3

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), New Delhi, concerning an insolvency matter. The appellant's counsel submitted that the claim of the respondent (Financial Creditor) has been settled, and the company petition pending before the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, has been disposed of in view of the settlement.

## Facts

The appellant, Mahesh Nimawat, filed an appeal before the NCLAT against P.M. Cold Storage Pvt. Ltd. & Ors. The appellant's counsel, Mr. Soumya Dutta, submitted that the claim of the respondent (Financial Creditor) has been settled, and the company petition pending before the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, has been disposed of in view of the settlement. Based on this settlement, the appellant sought permission to withdraw the appeal, which the court granted. The appeal was subsequently dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the appellant should be permitted to withdraw the appeal based on the settlement reached …

**Ratio:** An appellant is generally permitted to withdraw an appeal if there is no remaining

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**Reasoning:** The court reasoned that since the claim of the respondent (Financial Creditor) had been

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**Interpretation:** The interpretation is that when a settlement resolves the underlying dispute,

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**Application:** In this case, the settlement between Mahesh Nimawat and P.M. Cold Storage Pvt.

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## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Mahesh Ni…
- **Respondents:** P.M. Cold Storage…

## Timeline

- **2020-09-25 — Order Da…**: The court permitted the appellant to withdraw the appeal, and the appeal was dismissed as…

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