# In the matter of Srikant Sikaria
Vs.
CBRE South Asia Pvt. Ltd. & Anr. Company Appeal (AT) (Ins.) No. 657 of 2022

> NCLAT judgment dated 2022-06-06. Citation: TCN-2022-NCLAT-00433. The case involves a Company Appeal (AT) (Ins.) No. 657 of 2022 before the National Company…

- **Court:** NCLAT
- **Order date:** 6 Jun 2022
- **Citation:** TCN-2022-NCLAT-00433
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/srikant-sikaria-vs-cbre-south-asia-pvt-ltd-anr-company-appeal-af764102

## Summary

### Background

The case involves a Company Appeal (AT) (Ins.) No. 657 of 2022 before the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi. The appellant, Srikant Sikaria, sought to withdraw the appeal after the matter was settled between the parties subsequent to the admission of the application by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench-I).

## Facts

Srikant Sikaria filed a Company Appeal (AT) (Ins.) No. 657 of 2022. Subsequent to the admission of the Application by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench-I), the matter was settled between the parties. As a result, the appellant sought to withdraw the appeal. The key fact is the settlement between the parties, leading to the withdrawal request. The relevance of this fact is that it influences the court's decision to allow the withdrawal, but with specific conditions regarding future applications under the IBC and fees for the Interim Resolution Professional.

## Issues and analysis

### Issue 1: Whether the Appellant can withdraw the Company Appeal (AT) (Ins) No. 657 of 2022 given the …

**Ratio:** The principle is that parties are generally allowed to withdraw appeals if they have

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**Reasoning:** The court reasoned that since the matter had been settled between the parties, allowing

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**Interpretation:** This issue involves the interpretation of the appellate procedure 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:** M. Venu…; Ashok Kumar…
- **Appellants:** Srikant S…
- **Respondents:** CBRE South Asia…

## Timeline

- **2022-06-06 — Order Da…**: The NCLAT passed an order allowing the withdrawal of the Company Appeal (AT) (Ins) No.…

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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/srikant-sikaria-vs-cbre-south-asia-pvt-ltd-anr-company-appeal-af764102