# In the matter of Pankaj Kikavat Vs. Bank of India & Anr. CA(AT)(Ins) No. 275 of 2019

> NCLAT judgment dated 2020-01-08. Citation: TCN-2020-NCLAT-00558. The case pertains to a Company Appeal (AT)(Insolvency) No. 275 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 8 Jan 2020
- **Citation:** TCN-2020-NCLAT-00558
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pankaj-kikavat-vs-bank-of-india-anr-ca-4b5be8dd

## Summary

### Background

The case pertains to a Company Appeal (AT)(Insolvency) No. 275 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant sought permission to withdraw the appeal, and the respondents had no objection to this withdrawal.

## Facts

Pankaj Kikavat filed an appeal against Bank of India & Anr before the NCLAT. The appellant, through their counsel, sought permission to withdraw the appeal. The respondents had no objection to the withdrawal. The court permitted the withdrawal, resulting in the dismissal of the appeal. The appellant retains the right to pursue their rights as per the law before the competent authority. The key fact is the appellant's voluntary withdrawal of the appeal, which the court accepted due to the respondent's lack of objection.

## Issues and analysis

### Issue 1: Whether the appellant should be granted …

**Ratio:** An appellant has the right to withdraw an appeal, especially when the respondent does not

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**Reasoning:** The court reasoned that since the appellant sought to withdraw the appeal and the

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**Interpretation:** This interprets the procedural rules allowing for the withdrawal of appeals,

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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:** Jarat Kuma…; Balvinder…; +1 more
- **Appellants:** Pankaj Ki…
- **Respondents:** BANK OF INDIA &…

## Timeline

- **2020-01-08 — Withdrawal of…**: The learned counsel for the appellant sought permission to withdraw the appeal. The…

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