Case Note & Summary
The Supreme Court of India was dealing with an interlocutory application in a civil appeal. The appellant, M/s DSM Nutritional Products Ltd., had filed an application seeking withdrawal of the appeal. The learned counsel for the appellant, Ms. Praveena Gautam, submitted that the issues raised in the appeal had become academic in nature and therefore did not call for any further consideration. The court placed this submission on record. After considering the application, the court dismissed the appeal as withdrawn. The application was accordingly disposed of. The court did not delve into the merits of the case, as the appellant itself sought withdrawal on the ground of the issues being academic. The decision was based solely on the appellant's request, without any opposition from the respondents. The court accepted the submission and disposed of the matter accordingly.
Headnote
A) Civil Procedure - Appeal Withdrawal - Academic Issues - Code of Civil Procedure, 1908 - Appellant sought withdrawal of appeal on grounds that issues had become academic - Court accepted submission and dismissed appeal as withdrawn - Held that no further consideration was required as issues were academic (Paras 1-2).
Issue of Consideration
Whether the appeal should be allowed to be withdrawn as the issues have become academic
Final Decision
The appeal is dismissed as withdrawn. The application is disposed of.
Law Points
- Withdrawal of appeal
- academic nature of issues
- disposal of application
