# In the matter of Mr. Gurjeet Singh Johar Vs. ICICI Bank Ltd. & Anr. I.A Nos. 1380 & 3049 of 2019 in CA(AT)(Ins)No. 249-2019

> NCLAT judgment dated 2019-11-11. Citation: TCN-2019-NCLAT-00171. The case involves two Company Appeals (AT) (Insolvency) No. 249 of 2019 and No. 455 of 2019…

- **Court:** NCLAT
- **Order date:** 11 Nov 2019
- **Citation:** TCN-2019-NCLAT-00171
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mr-gurjeet-singh-johar-vs-icici-bank-ltd-anr-ia-nos-1380-3049-of-2019-in-ca-1527fedf

## Summary

### Background

The case involves two Company Appeals (AT) (Insolvency) No. 249 of 2019 and No. 455 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. Both appeals were filed by Mr. Gurjeet Singh Johar. One appeal is against ICICI Bank Ltd. & Anr., and the other is against Mr. Naveen Kumar Gupta, the Interim Resolution Professional for C&C Construction Ltd. & Anr. Interlocutory Applications were filed by the Employees of the Corporate Debtor and the Interim Resolution Professional.

## Facts

Mr. Gurjeet Singh Johar filed two Company Appeals (AT) (Insolvency) No. 249 of 2019 and No. 455 of 2019. Appeal No. 249 was filed against ICICI Bank Ltd. & Anr., and Appeal No. 455 was filed against Mr. Naveen Kumar Gupta, the Interim Resolution Professional for C&C Construction Ltd. & Anr. The Employees of the Corporate Debtor filed an Interlocutory Application No. 3049 of 2019. The Interim Resolution Professional also filed an Interlocutory Application. The matter was initially listed for 'Admission (after notice)' but was wrongly listed 'for orders'. On October 25, 2019, the question relating to Section 12A of the Insolvency and Bankruptcy Code, 2016, was considered. The Appellant, through his counsel, withdrew the appeals to enable moving in terms of

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## Issues and analysis

### Issue 1: Whether the Appellant should be allowed to withdraw the appeals to pursue remedies under Section …

**Ratio:** The principle of allowing withdrawal of appeals when the appellant intends to pursue

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**Reasoning:** The court allowed the withdrawal based on the submission by the Appellant's counsel that

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**Interpretation:** Section 12A of the Insolvency and Bankruptcy Code, 2016, provides a mechanism

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

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## Parties

- **Judges:** S.J. Mukhop…; Venugop…; +1 more
- **Appellants:** Gurjeet Singh…
- **Respondents:** C & C Construction…; ICICI Ban…

## Timeline

- **2019-11-11 — Listing o…**: The case was to be listed for ‘Admission (after notice)', but it was wrongly listed ‘for…
- **2019-10-25 — Matter Ta…**: The question relating to Section 12A of the Insolvency and Bankruptcy Code, 2016, was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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