# In the matter of Mr. Rajnishpal Singh Dhaliwal Vs. Nilkamal Ltd. & Ors. CA(AT)(Ins)No. 465 of 2020

> NCLAT judgment dated 2020-05-19. Citation: TCN-2020-NCLAT-00274. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 19 May 2020
- **Citation:** TCN-2020-NCLAT-00274
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mr-rajnishpal-singh-dhaliwal-vs-nilkamal-ltd-ors-ca-96628893

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The 'Corporate Debtor' did not attend the proceedings before the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, and also failed to file a reply to the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The appellant sought to withdraw the appeal.

## Facts

Mr. Rajnishpal Singh Dhaliwal filed an appeal before the National Company Law Appellate Tribunal (NCLAT). The appeal was against Nilkamal Ltd. & Ors. The 'Corporate Debtor' chose not to attend the proceedings before the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. Furthermore, the 'Corporate Debtor' did not file a reply to the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by the Respondent, who is the 'Operational Creditor'. The appellant's counsel sought to withdraw the appeal. The relevance of the Corporate Debtor's absence and failure to respond is that it likely prompted the appellant to seek withdrawal of the appeal.

## Issues and analysis

### Issue 1: Whether the appellant's request to …

**Ratio:** An appellant has the right to withdraw an appeal, subject to the court's discretion and

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**Reasoning:** The court considered the appellant's request to withdraw the appeal, likely influenced by

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**Interpretation:** The right to withdraw an appeal is generally recognized, but courts retain the

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**Application:** The court granted the appellant's request to withdraw the appeal, dismissing it

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## Parties

- **Judges:** Bansi Lal…; Ashok Kumar…
- **Appellants:** Rajnishpal Singh…
- **Respondents:** Nilkamal Ltd. &…
- **Advocates:** Jatin S…

## Timeline

- **2020-05-19 — Order Da…**: The NCLAT dismissed the appeal as withdrawn, clarifying that the dismissal would not…

## 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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