# In the matter of Sunil Kumar Agrawal Vs. Piyush Patel & Ors. CA(AT)(Ins)No. 862-863 of 2020

> NCLAT judgment dated 2020-10-13. Citation: TCN-2020-NCLAT-00085. The case involves an appeal against an order related to CP (IB) 178/NCLT/AHM/2018, which was…

- **Court:** NCLAT
- **Order date:** 13 Oct 2020
- **Citation:** TCN-2020-NCLAT-00085
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sunil-kumar-agrawal-vs-piyush-patel-ors-ca-edb8c6e4

## Summary

### Background

The case involves an appeal against an order related to CP (IB) 178/NCLT/AHM/2018, which was allowed to be withdrawn by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench. The impugned order was dated 31st August, 2020. The appeal concerns observations regarding the conduct of the Appellant, who is a Resolution Professional.

## Facts

The Appellant, a Resolution Professional, filed an appeal against an order of the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, concerning CP (IB) 178/NCLT/AHM/2018. The Adjudicating Authority had allowed the withdrawal of the initial application. The appeal was related to observations made regarding the Appellant's conduct as a Resolution Professional. The Appellant's counsel offered to withdraw the appeal, which the court permitted. The relevance of the facts lies in the Appellant's decision to withdraw the appeal, leading to its dismissal.

## Issues and analysis

### Issue 1: Whether the observations regarding the conduct of the Appellant as a Resolution Professional …

**Ratio:** The ratio is based on the principle that if observations do not cast a significant stigma

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**Reasoning:** The court found that there were no observations that could be said to be casting any

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**Interpretation:** The interpretation hinges on the severity and impact of the observations on the

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**Application:** In this specific case, the court determined that the observations did not

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## Parties

- **Judges:** Bansi Lal…; V. P. S…; +2 more
- **Appellants:** Sunil Kumar…
- **Respondents:** Piyush…

## Timeline

- **2020-08-31 — Impugned Ord…**: Date of the impugned order by the Adjudicating Authority (National Company Law Tribunal),…
- **2020-10-13 — Order Da…**: Date of the order where the…

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