# In the matter of SANJAY D. KAKADE Vs HDFC VENTURES TRUSTEE COMPANY LTD. & ORS.

> SC judgment dated 2024-09-24. Citation: TCN-2024-SC-00031. The appellant, Sanjay D. Kakade, filed I.A. No. 216094/2024 seeking permission to withdraw the…

- **Court:** SC
- **Order date:** 24 Sept 2024
- **Citation:** TCN-2024-SC-00031
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sanjay-d-kakade-vs-hdfc-ventures-trustee-company-ltd-ors-a192f99f

## Summary

### Background

The appellant, Sanjay D. Kakade, filed I.A. No. 216094/2024 seeking permission to withdraw the present appeal in view of a settlement agreement dated 2024-08-31. The Supreme Court of India heard the matter.

## Facts

Sanjay D. Kakade filed a civil appeal in the Supreme Court of India against HDFC Ventures Trustee Company Ltd. & Ors. The appellant subsequently filed an application (I.A. No. 216094/2024) seeking permission to withdraw the appeal due to a settlement agreement reached on August 31, 2024. The court considered the application and the settlement agreement. The key fact is the existence of a settlement agreement which prompted the appellant to withdraw the appeal.

## Issues and analysis

### Issue 1: Whether the appellant should be granted permission to withdraw the present appeal in view of the …

**Ratio:** An appellant can withdraw an appeal if they choose to do so, especially when a settlement

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**Reasoning:** The court allowed the withdrawal because the appellant sought it based on a settlement

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**Interpretation:** This reflects the principle that courts generally respect parties' decisions to

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**Application:** The court applied this principle by allowing Sanjay D. Kakade to withdraw the

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## Parties

- **Judges:** SANJIV K…; Sanjay…
- **Appellants:** SANJAY D.…
- **Respondents:** HDFC VENTURES…
- **Other parties:** Affir…

## Timeline

- **2024-08-31 — Settlement Ag…**: Settlement agreement…
- **2024-09-24 — Court Hearing…**: The Supreme Court allowed the appellant to withdraw the appeal based on the settlement…

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