# In the matter of Maini Construction Equipments Pvt. Ltd. Vs. Mr. Nitin Khandelwal CA (AT) No. 119-2017

> NCLAT judgment dated 2017-10-24. Citation: TCN-2017-NCLAT-00092. The case is an appeal before the National Company Law Appellate Tribunal (NCLAT), New Delhi,…

- **Court:** NCLAT
- **Order date:** 24 Oct 2017
- **Citation:** TCN-2017-NCLAT-00092
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/maini-construction-equipments-pvt-ltd-vs-mr-nitin-khandelwal-ca-4333826e

## Summary

### Background

The case is an appeal before the National Company Law Appellate Tribunal (NCLAT), New Delhi, concerning an insolvency matter. The appeal is registered as Company Appeal (AT) (Insolvency) No. 119 of 2017. Maini Construction Equipments Pvt. Ltd. is the appellant, and Mr. Nitin Khandelwal is the respondent. The appellant's counsel, Ms. Aarti Kumar, states that she has instructions not to press the appeal. Mr. Rakshak Maini, Director of the appellant company, is also present and makes a similar submission.

## Facts

Maini Construction Equipments Pvt. Ltd. filed an appeal against Mr. Nitin Khandelwal before the NCLAT. During the proceedings, Ms. Aarti Kumar, the appellant's counsel, stated that she had instructions not to pursue the appeal. Mr. Rakshak Maini, the director of Maini Construction Equipments Pvt. Ltd., was also present and confirmed the same. Given this submission, the NCLAT dismissed the appeal.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed given the appellant's submission that they do not wish to …

**Ratio:** An appeal can be dismissed if the appellant

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**Reasoning:** The court accepted the submission of the appellant's counsel and director that they did

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**Interpretation:** The appellant's decision not to press the appeal is interpreted as a voluntary

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**Application:** Since the appellant, Maini Construction Equipments Pvt. Ltd., through its

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Maini Construction…
- **Respondents:** NITIN KHAN…
- **Advocates:** Aarti K…; Dushyant K.…; +1 more

## Timeline

- **2017-10-24 — Hearing…**: Ms. Aarti Kumar, counsel for the appellant, submits that she has instructions not to…

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