# In the matter of Mohinish Kumar & Ors. Vs. Mohit Chawla, RP of Premsons Super Steels Pvt. Ltd. & Ors. CA(AT)(Ins) No. 959 of 2019

> NCLAT judgment dated 2020-02-05. Citation: TCN-2020-NCLAT-00449. The case involves an appeal against an Impugned Order. An error was noted in the minutes of…

- **Court:** NCLAT
- **Order date:** 5 Feb 2020
- **Citation:** TCN-2020-NCLAT-00449
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mohinish-kumar-ors-vs-mohit-chawla-rp-of-premsons-super-steels-pvt-ltd-ors-ca-0c2f405b

## Summary

### Background

The case involves an appeal against an Impugned Order. An error was noted in the minutes of proceedings from January 23, 2020, where it was inadvertently observed that the Liquidator would proceed according to a previous decision. This was factually incorrect as no liquidation order had been passed on the application filed under Section 10 of the Insolvency and Bankruptcy Code, 2016. The Appellant had filed an application for rectification of errors in the Impugned Order, but simultaneously pursued an appeal against the same order.

## Facts

An error was recorded in the minutes of proceedings on January 23, 2020, stating that the Liquidator would proceed based on a previous decision. However, no liquidation order had been passed under Section 10 of the Insolvency and Bankruptcy Code, 2016. The Appellant filed an application for rectification of errors in the Impugned Order while simultaneously appealing against it. The Appellant then sought to withdraw the appeal with the liberty to re-agitate the matter if the rectification prayer is not entertained by the Adjudicating Authority. This contradictory approach created an unusual situation for the court.

## Issues and analysis

### Issue 1: Whether the Appellant should be allowed to withdraw the appeal with the liberty to re-agitate the …

**Ratio:** An appellant can withdraw an appeal with the court's permission, and the court may grant

…

**Reasoning:** The court considered the Appellant's request to withdraw the appeal, recognizing the

…

**Interpretation:** This allows for efficient use of judicial resources by first addressing the

…

**Application:** The court applied the principle by allowing the Appellant to withdraw the

…

## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Mohinish Kumar &…
- **Respondents:** Premsons Super…; Mohit C…

## Timeline

- **2020-01-23 — Proceedings R…**: Minutes of proceedings recorded with an…
- **2019-02-27 — Previous Compa…**: Reference to Company Appeal (AT) (Insolvency)…

---

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/mohinish-kumar-ors-vs-mohit-chawla-rp-of-premsons-super-steels-pvt-ltd-ors-ca-0c2f405b