# In the matter of Shiva Graphite Resources Pvt Ltd Vs. Action Ispat and Power Pvt Ltd CA (AT) (Ins) No. 436 of 2020 > NCLAT judgment dated 2021-07-13. Citation: TCN-2021-NCLAT-00191. The case pertains to Company Appeal (AT)(Insolvency) No. 436 of 2020 before the National… - **Court:** NCLAT - **Order date:** 13 Jul 2021 - **Citation:** TCN-2021-NCLAT-00191 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shiva-graphite-resources-pvt-ltd-vs-action-ispat-and-power-pvt-ltd-ca-62595459 ## Summary ### Background The case pertains to Company Appeal (AT)(Insolvency) No. 436 of 2020 before the National Company Law Appellate Tribunal (NCLAT). The appellant's counsel submitted that the appeal had become infructuous because the Supreme Court had passed an order. The appellant sought to withdraw the application. ## Facts Shiva Graphite Resources Pvt Ltd filed an appeal against Action Ispat and Power Pvt Ltd before the NCLAT. During the proceedings on July 13, 2021, the appellant's counsel, Mr. Vikrant Pachnanda, submitted that the appeal had become infructuous because the Supreme Court had passed an order. Consequently, the appellant sought to withdraw the application. ## Issues and analysis ### Issue 1: Whether the application should be dismissed as not pressed, given the appellant's submission that … **Ratio:** An appeal can be dismissed if the appellant states that it has become infructuous due to … **Reasoning:** The court accepted the submission of the appellant's counsel that the appeal had become … **Interpretation:** The interpretation is that if an appeal's purpose is nullified by a higher … **Application:** In this case, the appellant's counsel stated that the Supreme Court's order … ## Parties - **Judges:** Anant Bijay…; Ms Shreesha… - **Appellants:** Shiva Graphite… - **Respondents:** Action Ispat and… ## Timeline - **2021-07-13 — Case Hea…**: The case was called out, and the appellant's counsel submitted that the appeal had become… --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/shiva-graphite-resources-pvt-ltd-vs-action-ispat-and-power-pvt-ltd-ca-62595459