# In the matter of Rayappa Chinnuswamy Vs. HNS Chits Pvt. Ltd. CA(AT)(Ins) No. 93 of 2020

> NCLAT judgment dated 2020-02-03. Citation: TCN-2020-NCLAT-00465. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 3 Feb 2020
- **Citation:** TCN-2020-NCLAT-00465
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rayappa-chinnuswamy-vs-hns-chits-pvt-ltd-ca-9fce646f

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The appellant filed an affidavit along with a certificate from the Registrar, National Company Law Tribunal, Chennai Bench, certifying that the final order dated 28.11.2019 was inadvertently uploaded on 3rd December, 2019 on the NCLT Website.

## Facts

The appellant, Rayappa Chinnuswamy, filed an appeal before the NCLAT. The appellant also submitted an affidavit along with a certificate from the Registrar, National Company Law Tribunal, Chennai Bench, stating that the final order dated 28.11.2019 was mistakenly uploaded on the NCLT website on 03.12.2019. The appellant's counsel then requested to withdraw the appeal. The court dismissed the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the appellant's request to …

**Ratio:** An appellant has the right to withdraw an

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**Reasoning:** The court considered the appellant's request to withdraw the appeal and found no reason

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**Interpretation:** The court interpreted the appellant's voluntary withdrawal as a waiver of their

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**Application:** The court applied the principle of voluntary withdrawal by dismissing the

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## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Rayappa Chinnuswam…
- **Respondents:** HNS Chits Pvt.…

## Timeline

- **2019-11-28 — Final Orde…**: Date of the final order that…
- **2019-12-03 — Inadvertent…**: Final order dated 28.11.2019 was…

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