# Vinod Kumar vs. Omkara Asset Reconstruction Pvt Ltd & Anr.

> SC judgment dated 2025-09-12. Citation: TCN-2025-SC-00120. The appellant, Vinod Kumar, filed a Civil Appeal (No. 5049 of 2025) before the Supreme Court of…

- **Court:** SC
- **Order date:** 12 Sept 2025
- **Citation:** TCN-2025-SC-00120
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/vinod-kumar-vs-omkara-asset-reconstruction-pvt-ltd-anr-c5kxm

## Summary

### Background

The appellant, Vinod Kumar, filed a Civil Appeal (No. 5049 of 2025) before the Supreme Court of India. During the proceedings, the appellant's counsel sought leave to withdraw the appeal with the intention of pursuing an alternative remedy available under law.

## Facts

Vinod Kumar filed Civil Appeal No. 5049 of 2025 against Omkara Asset Reconstruction Pvt Ltd & Anr. before the Supreme Court of India.

The appellant's counsel sought leave to withdraw the civil appeal.

The reason for seeking withdrawal was to avail an alternative remedy available under law.

The Supreme Court granted permission for the withdrawal.

The Civil Appeal was accordingly dismissed as withdrawn.

Pending interlocutory applications (IA No. 88300/2025, IA No. 88645/2025, IA No. 88298/2025) were disposed of.

## Issues and analysis

### Issue 1: Whether the appellant should be granted leave to withdraw the civil appeal to avail an alternative …

**Ratio:** A party is generally granted leave to withdraw an appeal if they express a desire to

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**Reasoning:** The learned counsel for the appellant explicitly sought leave to withdraw the civil

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**Interpretation:** The Court's decision to grant permission for withdrawal signifies its

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**Application:** In this case, the Court applied its discretionary power to allow the appellant

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## Parties

- **Judges:** PAMIDIGHANTAM SRI…; ATUL S. CHA…
- **Appellants:** VINOD K…
- **Respondents:** OMKARA ASSET…
- **Advocates:** Gautam Aw…; Mish…; +4 more

## Timeline

- **2025-09-12 — Hearing…**: The matter was called on for…
- **2025-09-12 — Order Is…**: The Supreme Court issued an order granting permission to the appellant to withdraw the…

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