National Company Law Appellate Tribunal Dismisses Appeal as Withdrawn Due to Amicable Settlement. Appeal Withdrawn Following Settlement Between Ex-Employees and Corporate Debtor's Resolution Professional.

Tribunals: National Company Law Appellate Tribunal Bench: CHENNAI
  • 3
Judgement Image
Font size:
Print

Case Note & Summary

The case involved an appeal filed by two ex-employees of a corporate debtor against a resolution professional and a resolution applicant. The appellants, Dolfee Correya and Vincy Varghese M, sought to withdraw their appeal after amicably settling the issue with the respondents. During the proceedings, the learned counsel for the appellants informed the tribunal that they had received instructions to withdraw the appeal due to the settlement. The tribunal, upon hearing the counsel, permitted the withdrawal of the appeal and dismissed it as withdrawn, stating that no costs would be imposed. This decision reflects the tribunal's recognition of the amicable resolution between the parties involved.

Headnote

A) Company Law - Withdrawal of Appeal - Dismissal of Appeal as Withdrawn - Insolvency and Bankruptcy Code, 2016 - The appellants, being ex-employees of the corporate debtor, sought to withdraw their appeal after reaching an amicable settlement with the respondents. The court permitted the withdrawal and dismissed the appeal as withdrawn, indicating that no costs would be incurred (Paras 1-2).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the appeal can be withdrawn following an amicable settlement between the parties.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The appeal was permitted to be withdrawn and was dismissed as withdrawn, with no costs imposed.

Law Points

  • Withdrawal of appeal
  • amicable settlement
  • corporate debtor
  • ex-employees
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (NCLAT) (09) 258

Comp App (AT) (CH) (Ins) No. 154/2021

2026-09-18

Justice N. Seshasayee, Jatindranath Swain

Mr. Srikant Mohan, Ms. Kesiya Biju, Mr. Bijoy P Pulipra

Dolfee Correya, Vincy Varghese M

Bijoy Prabakaran Pulipra, Lissie Medical Institutions

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Appeal against a resolution professional and resolution applicant under insolvency proceedings.

Remedy Sought

The appellants sought to withdraw their appeal.

Filing Reason

The appeal was filed by ex-employees of the corporate debtor.

Issues

Whether the appeal can be withdrawn following an amicable settlement.

Submissions/Arguments

The appellants' counsel submitted that the issue has been settled amicably and requested to withdraw the appeal.

Ratio Decidendi

The tribunal upheld the principle that parties may withdraw their appeal upon reaching an amicable settlement.

Judgment Excerpts

The appellants are the ex-employees of the corporate debtor. Accordingly, the appeal is permitted to be withdrawn and is dismissed as withdrawn.

Procedural History

The appeal was filed by the appellants against the resolution professional and resolution applicant, and the matter was heard in hybrid mode.

Acts & Sections

  • Insolvency and Bankruptcy Code:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Upholds Plaintiff-Bank's Claim for Recovery of Amount Under Bank Guarantees. The High Court's ruling was overturned as the plaintiff-bank provided sufficient evidence of the invocation of the guarantees.
Related Judgement
High Court High Court of Bombay at Goa Dismisses Appeal by Executive Engineer in Land Acquisition Compensation Enhancement Case. Compensation enhanced from Rs.58/- to Rs.202/- per sq.m. based on comparable sale instances and potential of land.