# In the matter of Mangalam Impex Pvt Ltd. Vs. Ajay Joshi Resolution Professional of Alok Industries Ltd & Ors. CA(AT)(Insolvency) No. 446-2019

> NCLAT judgment dated 2019-05-23. Citation: TCN-2019-NCLAT-00537. The case involves a Company Appeal (AT) (Insolvency) No. 446 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 23 May 2019
- **Citation:** TCN-2019-NCLAT-00537
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mangalam-impex-pvt-ltd-vs-ajay-joshi-resolution-professional-of-alok-industries-8d37febe

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 446 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. M/s. Mangalam Impex Pvt. Ltd. filed an appeal against Mr. Ajay Joshi, the Resolution Professional of Alok Industries Ltd. & Ors.

## Facts

M/s. Mangalam Impex Pvt. Ltd. filed a Company Appeal (AT) (Insolvency) No. 446 of 2019 against Mr. Ajay Joshi, the Resolution Professional of Alok Industries Ltd. & Ors. Mr. Shobhit Shukla, counsel for the Appellant, stated that he was instructed by Mr. Anandodaya Mishra, Advocate for the Appellant, to inform the court that M/s. Mangalam Impex Pvt. Ltd. has instructed to withdraw the appeal. The respondents' counsel had no objection to the withdrawal. Consequently, the appeal was disposed of as withdrawn.

## Issues and analysis

### Issue 1: Whether the appeal can be disposed of as withdrawn based on the appellant's instruction and the …

**Ratio:** An appellant has the right to withdraw an appeal, and if the respondent does not object,

…

**Reasoning:** The court accepted the submission of the appellant's counsel that the appellant

…

**Interpretation:** This reflects the principle that parties have control over their litigation and

…

**Application:** In this case, the appellant's instruction to withdraw the appeal, coupled with

…

## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** M/s. Mangalam…
- **Respondents:** Alok Industries…; Ajay J…

## Timeline

- **2019-05-23 — Appeal Disposed of as…**: The NCLAT disposed of the appeal as withdrawn based on the appellant's instruction and…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/mangalam-impex-pvt-ltd-vs-ajay-joshi-resolution-professional-of-alok-industries-8d37febe