# In the matter of Manoj Khetan Vs. Agrocorp International Pvt. (PTE) Ltd. CA(AT)(Ins)No. 560 of 2020

> NCLAT judgment dated 2020-07-15. Citation: TCN-2020-NCLAT-00196. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), New…

- **Court:** NCLAT
- **Order date:** 15 Jul 2020
- **Citation:** TCN-2020-NCLAT-00196
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/manoj-khetan-vs-agrocorp-international-pvt-ebc1ea2f

## 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 application of the Operational Creditor under Section 9 of the I&B Code, which was pending before the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, has been withdrawn under Section 12A of the I&B Code.

## Facts

The appellant, Manoj Khetan, filed an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The respondent is Agrocorp International Pvt. (PTE) Ltd. The appellant's counsel, Mr. Tishampati Sen, submitted that the application of the Operational Creditor under Section 9 of the I&B Code, which was pending before the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, had been withdrawn under Section 12A of the I&B Code. Consequently, the appellant prayed for the withdrawal of the appeal. The court dismissed the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the appeal can be dismissed as withdrawn based on the submission of the appellant's counsel …

**Ratio:** An appeal can be dismissed as withdrawn if the appellant requests such withdrawal and the

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**Reasoning:** The court reasoned that since the underlying application by the Operational Creditor had

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**Interpretation:** Section 12A of the I&B Code allows for the withdrawal of an application

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**Application:** In this case, the appellant's counsel submitted that the Operational Creditor's

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## Parties

- **Judges:** Bansi Lal…; Anant Bijay…; +1 more
- **Appellants:** Manoj K…
- **Respondents:** Agrocorp Internati…
- **Advocates:** Tishampat…; Dikshat…; +3 more

## Timeline

- **2020-07-15 — Appeal Dis…**: The NCLAT dismissed the appeal as withdrawn following the submission by the appellant's…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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