# In the matter of Sanjay Kumar Sharma Vs. Corporate Power Ltd.

> NCLAT judgment dated 2020-02-19. Citation: TCN-2020-NCLAT-00386. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 19 Feb 2020
- **Citation:** TCN-2020-NCLAT-00386
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjay-kumar-sharma-vs-corporate-power-ltd-e1091881

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The appellant's counsel appeared and, after being heard for some time, submitted instructions to withdraw the appeal, intending to take advantage of liberty granted by the Adjudicating Authority.

## Facts

Sanjay Kumar Sharma filed an appeal against Corporate Power Ltd. before the NCLAT. On February 19, 2020, the appellant's counsel appeared but did not mark attendance. The counsel submitted that he had instructions to withdraw the appeal, intending to take advantage of liberty granted by the Adjudicating Authority. Consequently, the NCLAT disposed of the appeal as withdrawn without liberty to challenge the same impugned order. The key fact is the voluntary withdrawal of the appeal by the appellant.

## Issues and analysis

### Issue 1: Whether the appeal can be disposed of as withdrawn based on the submission of the appellant's …

**Ratio:** An appellant has the right to withdraw an appeal, and the court can dispose of the appeal

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**Reasoning:** The court accepted the submission of the appellant's counsel that he had instructions to

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**Interpretation:** The legal principle is that a party can voluntarily withdraw a case or appeal.

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**Application:** In this case, the appellant's counsel's submission to withdraw the appeal was

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## Parties

- **Judges:** A.I.S. C…; A.B. S…; +2 more
- **Appellants:** Sanjay Kumar…
- **Respondents:** Corporate Power…

## Timeline

- **2020-02-19 — Appeal Hearing and…**: The learned counsel for the Appellant is heard for some time and then submits that he has…

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