# In the matter of Western Electricity Supply Company of Odisha Ltd. Vs. Adhunik Metaliks Ltd. CA(AT)(Ins)No. 563 of 2020

> NCLAT judgment dated 2020-06-22. Citation: TCN-2020-NCLAT-00216. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 22 Jun 2020
- **Citation:** TCN-2020-NCLAT-00216
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/western-electricity-supply-company-of-odisha-ltd-vs-adhunik-metaliks-ltd-ca-8e1d0e35

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning insolvency. The appellant's counsel, after a hearing and being confronted with the prospect of a larger hearing related to paragraph 10 of the impugned order, sought to withdraw the appeal.

## Facts

Western Electricity Supply Company of Odisha Ltd. (Presently WESCO Utility) filed an appeal before the NCLAT against Adhunik Metaliks Ltd. During the proceedings, the appellant's counsel, after being informed about a larger hearing related to paragraph 10 of the impugned order, requested to withdraw the appeal. The NCLAT then disposed of the appeal as withdrawn.

## Issues and analysis

### Issue 1: Whether the Appellant …

**Ratio:** An appellant has the right to withdraw an appeal, subject to the court's discretion and

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**Reasoning:** The court allowed the appellant to withdraw the appeal after the appellant's counsel

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**Interpretation:** The interpretation of the right to withdraw an appeal involves balancing the

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**Application:** In this case, the appellant's request to withdraw the appeal was granted, and

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## Parties

- **Judges:** Bansi Lal…; V. P. S…; +1 more
- **Appellants:** Western Electricit…
- **Respondents:** Adhunik Metaliks…

## Timeline

- **2020-06-22 — Appeal With…**: After hearing learned counsel for the Appellant for a while and confronting him with the…

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