# In the matter of Om Prakash Rajgarhia, Erstwhile Managing Director, Overnite Express  Vs. Hi Tech Resource Management Ltd. & Anr. CA (AT) (Ins) No. 403 of 2020

> NCLAT judgment dated 1 Mar 2021. Citation: TCN-2021-NCLAT-00344. The appellant, Om Prakash Rajgarhia, who is the erstwhile Managing Director of Overnite…

- **Court:** NCLAT
- **Order date:** 1 Mar 2021
- **Citation:** TCN-2021-NCLAT-00344
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/om-prakash-rajgarhia-erstwhile-managing-director-overnite-express-vs-hi-tech-res-6b593f40

## Summary

### Background

The appellant, Om Prakash Rajgarhia, who is the erstwhile Managing Director of Overnite Express, had filed Company Appeal (AT) (Insolvency) No. 403 of 2020. This appeal was filed against Hi Tech Resource Management Ltd. & Anr. The specific details of the initial dispute that led to this appeal are not provided in the given text, but it is understood to be related to insolvency proceedings. The appeal was brought before the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi.

## Facts

Om Prakash Rajgarhia, the erstwhile Managing Director of Overnite Express, filed Company Appeal (AT) (Insolvency) No. 403 of 2020 before the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi. The appeal was filed against Hi Tech Resource Management Ltd. & Anr., who were the respondents in this matter. The specific nature of the insolvency dispute leading to this appeal is not detailed in the provided text.

## Issues and analysis

### Issue 1: Whether the appellant should be granted permission to withdraw the appeal with liberty to pursue…

**Ratio:** An appeal may be dismissed as withdrawn, with liberty granted to the appellant to pursue…

**Reasoning:** The court considered the request made by the appellant's advocate, Mr. Monish Panda, to…

**Interpretation:** The court interpreted the appellant's request for withdrawal, coupled with the…

**Application:** In this case, the appellant's advocate sought to withdraw the appeal, stating…

## Parties

- **Judges:** Bansi Lal…; Ashok Kumar…
- **Advocates:** For the Appellant:…; Kshitiz…; +6 more

## Timeline

- **February 4, 2021 — Embargo r…**: An order was passed removing the embargo placed on the constitution of the Committee of…
- **March 1, 2021 — Appeal Withdrawal…**: Mr. Monish Panda, advocate for the appellant, sought to withdraw the appeal with liberty…

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