Case Note & Summary
The case pertains to an appeal execution (AE No.80 of 2024) filed before the National Consumer Disputes Redressal Commission. The appellant, through learned counsel Mr. Deeptanshu Jain (via VC), sought permission to withdraw the appeal execution with liberty to pursue other available remedies under law. The respondent, represented by Mr. N.P. Sharma (via VC), was heard. After initial arguments, the Commission allowed the withdrawal and dismissed the appeal as withdrawn, granting the appellant liberty to pursue other remedies under law. The order was passed by a bench comprising Dr. Inder Jit Singh (Presiding Member) and Dr. Sudhir Kumar Jain (Member).
Headnote
A) Consumer Law - Execution of Order - Withdrawal of Appeal - The appellant sought permission to withdraw the appeal execution with liberty to pursue other remedies under law - The Commission allowed the withdrawal and dismissed the appeal as withdrawn - Held that the appellant is at liberty to pursue other available remedies under law (Para 1).
Issue of Consideration
Whether the appellant should be permitted to withdraw the appeal execution with liberty to pursue other available remedies under law.
Final Decision
The appeal execution (AE No.80 of 2024) is dismissed as withdrawn, with liberty to the appellant to pursue other available remedies under law.
Law Points
- Withdrawal of appeal
- liberty to pursue other remedies
Case Details
2025 LawText (NCDRC) (01) 31
Dr. Inder Jit Singh, Dr. Sudhir Kumar Jain
Mr. Deeptanshu Jain, Ms. Shruti, Mr. N.P. Sharma
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Nature of Litigation
Appeal execution in a consumer dispute
Remedy Sought
Permission to withdraw the appeal execution with liberty to pursue other available remedies under law
Issues
Whether the appellant should be permitted to withdraw the appeal execution with liberty to pursue other remedies under law.
Submissions/Arguments
Appellant sought permission to withdraw the appeal execution with liberty to pursue other available remedies under law.
Ratio Decidendi
A party may be permitted to withdraw an appeal execution with liberty to pursue other remedies under law, and the court may dismiss the appeal as withdrawn accordingly.
Judgment Excerpts
After initial arguments, learned Counsel for the Appellant on instructions sought permission to withdraw the Appeal Execution with liberty to pursue his other available remedies under law.
Accordingly, AE No.80 of 2024 is dismissed as withdrawn.
Procedural History
The appellant filed an appeal execution (AE No.80 of 2024) before the National Consumer Disputes Redressal Commission. After initial arguments, the appellant sought permission to withdraw the appeal execution with liberty to pursue other remedies. The Commission dismissed the appeal as withdrawn on 12.09.2025.
