# In the matter of Vimal Mafatlal Patel Vs. Bank of India CA(AT)(Ins) No. 381 of 2020

> NCLAT judgment dated 2020-03-04. Citation: TCN-2020-NCLAT-00345. The appeal arises from an order dated 22.10.2019 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 4 Mar 2020
- **Citation:** TCN-2020-NCLAT-00345
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vimal-mafatlal-patel-vs-bank-of-india-ca-185d9f3e

## Summary

### Background

The appeal arises from an order dated 22.10.2019 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, Mumbai in C.P.(IB) No. 1118/MB/2019. The order pertains to the admission of an application under Section 7 of the Insolvency and Bankruptcy Code (I&B Code), 2016.

## Facts

Vimal Mafatlal Patel, the appellant, filed an appeal against an order dated 22.10.2019 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, Mumbai, concerning the admission of an application under Section 7 of the I&B Code. The appellant's primary grievance was that after the impugned order, the Bank of India, the respondent, continued to take actions under the SARFAESI Act, 2002, despite the directions given in the impugned order and the provisions of Section 14 of the I&B Code. The appellant decided to withdraw the appeal and approach the Adjudicating Authority for relief.

## Issues and analysis

### Issue 1: Whether the appeal should be disposed of as withdrawn, granting the appellant the liberty to move …

**Ratio:** An appellate court can allow the withdrawal of an appeal, especially when the appellant

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**Reasoning:** The court allowed the withdrawal of the appeal based on the appellant's counsel's

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**Interpretation:** This allows the appellant to pursue their grievance at the initial forum,

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**Application:** The appellant was granted the liberty to move the Adjudicating Authority with

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## Parties

- **Judges:** A.I.S. C…; Anant Bijay…; +1 more
- **Appellants:** Vimal Mafatlal…
- **Respondents:** Bank of…

## Timeline

- **2019-10-22 — Impugned…**: Order passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench,…
- **2020-03-04 — Appeal He…**: Learned Counsel for Appellant states that the Impugned Order dated 22.10.19 passed by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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