NCLAT Allows Withdrawal of Appeal in Insolvency Matter Due to Settlement Between Parties — No Further Orders Required. Appeal under Section 421 of Companies Act, 2013 disposed as withdrawn after appellant's counsel sought permission to withdraw.

Tribunals: National Company Law Appellate Tribunal Bench: CHENNAI
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Case Note & Summary

The case involves an appeal filed by State Bank of India under Section 421 of the Companies Act, 2013, challenging an order dated 24.06.2019 passed by the National Company Law Tribunal, Hyderabad Bench, in IA/169/2019 in CP/660/241/HDB/2018. The respondents included India Power Corporation Ltd. and various other financial institutions. During the proceedings before the National Company Law Appellate Tribunal (NCLAT) at Chennai, the counsel for the appellant submitted that the matter had been settled between the parties and sought permission to withdraw the appeal. The NCLAT, after hearing the counsel for the appellant and noting the absence of any objection, permitted the withdrawal. Consequently, the appeal was disposed of as withdrawn, with no further orders being passed. The judgment is brief and does not delve into the merits of the case, as the primary issue was the settlement and withdrawal.

Headnote

A) Insolvency Law - Withdrawal of Appeal - Settlement - Section 421 of the Companies Act, 2013 - The appellant, State Bank of India, sought to withdraw the appeal as the matter had been settled between the parties. The NCLAT permitted withdrawal and disposed of the appeal without any further orders. (Para 1-2)

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Issue of Consideration

Whether the appeal should be allowed to be withdrawn in light of the settlement between the parties.

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Final Decision

Appeal disposed of as withdrawn. No further orders.

Law Points

  • Withdrawal of appeal
  • Settlement between parties
  • No further orders required
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Case Details

2024 LawText (NCLAT) (01) 17

TA (AT) No.83/2021 (Company Appeal (AT) No.271/2019)

0000-00-00

State Bank of India

India Power Corporation Ltd. and others

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Nature of Litigation

Appeal under Section 421 of the Companies Act, 2013 against an order of NCLT Hyderabad.

Remedy Sought

Appellant sought to withdraw the appeal as the matter was settled.

Filing Reason

Challenge to order dated 24.06.2019 in IA/169/2019 in CP/660/241/HDB/2018.

Previous Decisions

Order dated 24.06.2019 by NCLT Hyderabad Bench.

Issues

Whether the appeal should be allowed to be withdrawn due to settlement.

Submissions/Arguments

Counsel for appellant submitted that matter is settled and sought withdrawal.

Ratio Decidendi

When parties settle the dispute, the appellant is entitled to withdraw the appeal, and no further orders are required.

Judgment Excerpts

Counsel for the appellant submitted that the matter has been settled between the parties and sought permission to withdraw the appeal. The appeal is disposed of as withdrawn. No further orders.

Procedural History

The appeal was filed under Section 421 of the Companies Act, 2013 against the order dated 24.06.2019 of NCLT Hyderabad. During hearing, appellant sought withdrawal due to settlement.

Acts & Sections

  • Companies Act, 2013: 421
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Tribunals NCLAT Allows Withdrawal of Appeal in Insolvency Matter Due to Settlement Between Parties — No Further Orders Required. Appeal under Section 421 of Companies Act, 2013 disposed as withdrawn after appellant's counsel sought permission to withdraw.