# In the matter of Raj Kumar Arora Sole Proprietor of Raj Furnitures Vs. Ksheer Sagar Developers Pvt. Ltd. CA(AT)(Insolvency)NO. 1216 of 2019

> NCLAT judgment dated 2019-11-13. Citation: TCN-2019-NCLAT-00147. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 13 Nov 2019
- **Citation:** TCN-2019-NCLAT-00147
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/raj-kumar-arora-sole-proprietor-of-raj-furnitures-vs-ksheer-sagar-developers-pvt-9fe3283a

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The appellant sought permission to withdraw the appeal to file a suit against the 'Corporate Debtor'.

## Facts

Raj Kumar Arora, the sole proprietor of Raj Furnitures, filed an appeal before the NCLAT. Ksheer Sagar Developers Pvt. Ltd. is the respondent. The appellant sought permission to withdraw the appeal to file a suit against the 'Corporate Debtor'. The court allowed the withdrawal of the appeal, permitting the appellant to avail the remedy available under the law. The court clarified that it was not expressing any opinion on whether the suit is barred by limitation, which is to be determined by the court of jurisdiction. The impugned order was dated 27th September, 2019.

## Issues and analysis

### Issue 1: Whether the Appellant should be granted permission to withdraw the Appeal to enable the Appellant …

**Ratio:** An appellant can withdraw an appeal if they seek to pursue an alternative legal remedy,

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**Reasoning:** The court granted permission to withdraw the appeal because the appellant intended to

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**Interpretation:** This indicates a willingness of the appellate tribunal to allow parties to

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**Application:** The appellant's request was granted, allowing them to withdraw the appeal and

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## Parties

- **Judges:** S.J. Mukhop…; Venugop…
- **Appellants:** Raj Kumar…
- **Respondents:** Ksheer Sagar…

## Timeline

- **2019-11-13 — Appellant seeks…**: Learned counsel for the Appellant sought permission to withdraw the Appeal to enable the…
- **2019-11-13 — Appeal wit…**: The prayer is allowed to withdraw the Appeal so far as the liberty is concerned the…

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