# In the matter of Rahul Goel Vs. Avneet Goyal & Ors. CA(AT)(Ins) No. 1356 of 2019

> NCLAT judgment dated 2019-11-26. Citation: TCN-2019-NCLAT-00080. The Appellant offered to withdraw the appeal, stating a desire to settle the dispute with the…

- **Court:** NCLAT
- **Order date:** 26 Nov 2019
- **Citation:** TCN-2019-NCLAT-00080
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rahul-goel-vs-avneet-goyal-ors-ca-9779df8f

## Summary

### Background

The Appellant offered to withdraw the appeal, stating a desire to settle the dispute with the Respondent (Operational Creditor). The Respondent's counsel indicated that the Respondent was not opposed to reaching a settlement.

## Facts

The Appellant, Rahul Goel, filed an appeal before the NCLAT. During the proceedings, the Appellant's counsel expressed a desire to withdraw the appeal to facilitate settlement negotiations with the Respondent, Avneet Goyal & Ors., who is the Operational Creditor. The Respondent's counsel indicated a willingness to engage in settlement discussions. The court, considering the parties' intent to settle, dismissed the appeal as withdrawn and granted the Appellant the liberty to approach the Respondent for negotiations. Additionally, I.A. No. 3862 of 2019, seeking exemption from filing a certified copy of the impugned order, was disposed of with a direction to the Appellant to file the certified copy within a week.

## Issues and analysis

### Issue 1: Whether the Appellant should be allowed to withdraw the appeal to pursue settlement negotiations …

**Ratio:** An appellant is generally allowed to withdraw an appeal if they express a desire to

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**Reasoning:** The court considered the Appellant's desire to settle the dispute with the Respondent and

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**Interpretation:** This reflects a policy of encouraging settlement and alternative dispute

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**Application:** The Appellant's request to withdraw the appeal was granted because both parties

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## Parties

- **Judges:** Bansi Lal…; Venugop…
- **Appellants:** Rahul…
- **Respondents:** Avneet Goyal &…

## Timeline

- **2019-11-26 — Order Da…**: The court dismissed the appeal as withdrawn, allowing the Appellant to approach the…

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