# In the matter of Niraj Kumar  &  Ors. Vs. Anil Matta, Resolution Professional of Primrose Infratech Pvt. Ltd. & Ors. CA(AT)(Ins) No.185 of 2020

> NCLAT judgment dated 2020-01-31. Citation: TCN-2020-NCLAT-00471. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 31 Jan 2020
- **Citation:** TCN-2020-NCLAT-00471
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/niraj-kumar-ors-vs-anil-matta-resolution-professional-of-primrose-infratech-pvt-6afa3dfb

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The appellant sought to withdraw the appeal because a decision on an application under Section 12A of the I&B Code was pending before the Adjudicating Authority.

## Facts

The appellant, Niraj Kumar & Ors., filed an appeal before the NCLAT. Anil Matta, the Resolution Professional of Primrose Infratech Pvt. Ltd & Ors., is the respondent. The appellant's counsel offered to withdraw the appeal because a decision on an application under Section 12A of the I&B Code was pending before the Adjudicating Authority. The court dismissed the appeal without prejudice to the appellant's right to challenge the decision on the pending application if aggrieved. The key fact is the appellant's voluntary withdrawal of the appeal due to the pending decision on the Section 12A application, which influenced the court's decision to dismiss the appeal without prejudice.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed given the appellant's offer to withdraw it due to a pending …

**Ratio:** An appellant has the right to withdraw an appeal. The court has the discretion to dismiss

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**Reasoning:** The court reasoned that since the appellant offered to withdraw the appeal due to the

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**Interpretation:** The interpretation is that an appellant's voluntary withdrawal of an appeal is

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Niraj Kumar…
- **Respondents:** Primrose Infratech…; Anil M…

## Timeline

- **2020-01-31 — Order Da…**: The NCLAT dismissed the appeal after the appellant's counsel offered to withdraw it due…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12 — Time-limit for completion of insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12)

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