# In the matter of R.V.Tyagarajan vs. State Bank of India IA No. 221 & 222-2022 in Company Appeal (AT) (CH) (Ins) No.95-2022

> NCLAT judgment dated 2023-06-16. Citation: TCN-2023-NCLAT-00437. The case involves a Company Appeal (AT) (CH) (INS) No. 95/2022 filed under Section 61 of the…

- **Court:** NCLAT
- **Order date:** 16 Jun 2023
- **Citation:** TCN-2023-NCLAT-00437
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rvtyagarajan-vs-state-bank-of-india-ia-no-221-222-2022-in-company-appeal-165ba982

## Summary

### Background

The case involves a Company Appeal (AT) (CH) (INS) No. 95/2022 filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, arising out of an order dated 18.02.2022 in CP/(IB) No.275(Che)/2021 passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench II, Chennai). The appellant sought to withdraw the appeal.

## Facts

R.V.Tyagarajan filed a Company Appeal (AT) (CH) (INS) No. 95/2022 against State Bank of India, arising from an order dated 18.02.2022 passed by the National Company Law Tribunal, Division Bench II, Chennai. The appellant, represented by Mr. Vishnu Mogan, Advocate, sought permission to withdraw the appeal. The respondent, State Bank of India, was represented by Mr. ML. Ganesh, Advocate. The tribunal acceded to the appellant's request, dismissing the appeal as withdrawn and closing connected IAs No. 221 & 222 of 2022. The appellant is permitted to take all available defenses before the Adjudicating Authority.

## Issues and analysis

### Issue 1: Whether the appellant should be granted permission to withdraw the Company Appeal (AT) (CH) (Ins) …

**Ratio:** A party has the right to withdraw an appeal, subject to the court's discretion and any

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

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**Interpretation:** The interpretation of the law allows for the withdrawal of appeals, provided it

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**Application:** The tribunal applied the principle of allowing withdrawal of appeals by

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## Parties

- **Judges:** M. Venu…; Shreesha…
- **Appellants:** R V TYAGA…
- **Respondents:** State Bank of…
- **Advocates:** Vishnu…; M.L. Ga…

## Timeline

- **2022-02-18 — Impugned Ord…**: Order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench…
- **2023-06-16 — Appeal Withdrawal…**: The Learned Counsel for the 'Appellant' seeks permission from the 'Tribunal' to withdraw…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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