# In the matter of Sathyam Procon Pvt. Ltd. & Ors. Vs. EPC Constructions India Ltd. & Ors. I.A. No. 1035 of 2021 in CA (AT) (Ins) No. 13 of  2020

> NCLAT judgment dated 2021-06-16. Citation: TCN-2021-NCLAT-00230. The Company Appeal (AT) (Insolvency) No. 13 of 2020 was filed when the Interim Resolution…

- **Court:** NCLAT
- **Order date:** 16 Jun 2021
- **Citation:** TCN-2021-NCLAT-00230
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sathyam-procon-pvt-ltd-ors-vs-epc-constructions-india-ltd-ors-ia-no-1035-of-2021-ae31f763

## Summary

### Background

The Company Appeal (AT) (Insolvency) No. 13 of 2020 was filed when the Interim Resolution Professional (IRP) only partly admitted the claims of the Appellants. The Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor is at the stage of liquidation. The Appellants have filed or would be filing their claims with the Liquidator. The Appellants decided to withdraw the Appeal.

## Facts

Sathyam Procon Pvt. Ltd. & Ors. filed Company Appeal (AT) (Insolvency) No. 13 of 2020 against EPC Constructions India Ltd. & Ors. The appeal was initially filed because the Interim Resolution Professional (IRP) only partly admitted the claims of the Appellants. However, the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor reached the stage of liquidation. Consequently, the Appellants decided to withdraw the Appeal. The Affidavit for withdrawal was filed by Director Shri Mahesh Dievasigamani. The Liquidator submitted that other appeals would also become infructuous. The court disposed of the appeal as withdrawn without liberty to challenge the same impugned order.

## Issues and analysis

### Issue 1: Whether the Company Appeal (AT) (Insolvency) No. 13 of 2020 should be disposed of as withdrawn, …

**Ratio:** An appeal can be withdrawn by the appellant, especially when the underlying circumstances

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**Reasoning:** The court considered the submissions of the learned counsel for the appellants, who

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**Interpretation:** This case interprets the appellant's right to withdraw an appeal and the

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** A.I.S. C…; Alok Sriv…
- **Appellants:** Sathyam Procon…
- **Respondents:** EPC Constructions…

## Timeline

- **2021-06-16 — Hearing of th…**: Advocate Shri Utkarsh Singh was heard. The Company Appeal (AT) (Insolvency) No. 13 of…
- **2021-06-16 — Withdrawal of…**: The Appellants decided to withdraw the Appeal as the Corporate Insolvency Resolution…

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