# In the matter of Vinod Kumar Mishra Vs. Union Bank of India & Anr. CA(AT)(Ins) No. 1485 of 2019

> NCLAT judgment dated 2020-01-23. Citation: TCN-2020-NCLAT-00502. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 23 Jan 2020
- **Citation:** TCN-2020-NCLAT-00502
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vinod-kumar-mishra-vs-union-bank-of-india-anr-ca-184b82f9

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The appellant, Vinod Kumar Mishra, raised the issue of limitation. However, the appellant's counsel sought to withdraw the appeal after being confronted with the acknowledgement of debt by the Corporate Debtor and the existence of a duly approved One Time Settlement (OTS) on which some payment had been made.

## Facts

Vinod Kumar Mishra filed an appeal before the NCLAT concerning an insolvency matter. During the proceedings, the appellant's counsel raised the issue of limitation. However, it was brought to the counsel's attention that the Corporate Debtor had acknowledged the debt and that a One Time Settlement (OTS) had been duly approved and partially acted upon. Consequently, the appellant, present in person, instructed his counsel to withdraw the appeal. The court then dismissed the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the appellant should be allowed to withdraw the appeal given the acknowledgement of debt by …

**Ratio:** An appellant has the right to withdraw an appeal, especially when faced with

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**Reasoning:** The court reasoned that the appellant's decision to withdraw the appeal was influenced by

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**Interpretation:** The interpretation is that an appellant's decision to withdraw an appeal is

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**Application:** In this case, the appellant's counsel sought to withdraw the appeal after being

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## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Vinod Kumar…
- **Respondents:** Union Bank of…

## Timeline

- **2020-01-23 — Appeal With…**: The appellant's counsel sought to withdraw the appeal due to the acknowledgement of debt…

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