Supreme Court Dismisses Appeals in Civil Procedure Due to Withdrawal Requests. Appellants were permitted to withdraw their appeals after final orders were issued, leading to the disposal of the cases.

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Case Note & Summary

The Supreme Court of India dealt with multiple civil appeals arising from orders of the National Company Law Appellate Tribunal. The appeals included those from L&T Infrastructure Finance Company Limited and Hindustan Zinc Limited Employees Contributory Provident Fund Trust, among others. The appellants sought to withdraw their appeals after final orders were passed on 12.03.2021 and 12.03.2020, respectively. Mr. Gopal Jain, the learned Senior Advocate representing the appellants, requested the court to grant liberty to withdraw the appeals. The court, upon hearing the submissions, allowed the withdrawal of the appeals and disposed of them as withdrawn, vacating any interim orders that had been previously issued. The court's decision was consistent across the various appeals, reflecting a clear procedural outcome regarding the withdrawal of appeals following the issuance of final orders.

Headnote

A) Civil Procedure - Withdrawal of Appeals - Liberty to Withdraw - Civil Appeals are disposed of as withdrawn - The appellants sought to withdraw their appeals following the passing of a final order. The court allowed the withdrawal of the appeals, vacating any interim orders previously in place. Held that the appellants were entitled to withdraw their appeals (Paras 1-4).

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Issue of Consideration

Whether the appellants could withdraw their appeals after a final order was passed.

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Final Decision

The Supreme Court allowed the withdrawal of the civil appeals and disposed of them as withdrawn, vacating any interim orders.

Law Points

  • Withdrawal of appeals
  • interlocutory orders
  • final orders
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Case Details

2022 LawText (SC) (07) 163

Civil Appeal Nos.2397-2398 of 2019, 9652-9653 of 2019, 4497-4506 of 2019, I.A. No.23940 of 2022

2022-07-14

Uday Umesh Lalit, S. Ravindra Bhat, Sudhanshu Dhulia

Gopal Jain

L&T Infrastructure Finance Company Limited, Hindustan Zinc Limited Employees Contributory Provident Fund Trust, HDFC Mutual Fund

Union of India & Ors.

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Nature of Litigation

Civil appeals arising from interlocutory orders of the National Company Law Appellate Tribunal.

Remedy Sought

Appellants sought to withdraw their appeals.

Filing Reason

Final orders had been passed in the underlying matters.

Previous Decisions

Interlocutory orders were previously issued by the National Company Law Appellate Tribunal.

Issues

Whether the appellants could withdraw their appeals after a final order was passed.

Submissions/Arguments

Appellants requested to withdraw appeals after final orders were passed.

Ratio Decidendi

The court upheld the right of the appellants to withdraw their appeals following the issuance of final orders.

Judgment Excerpts

The Civil Appeals are disposed of as withdrawn. The application is allowed.

Procedural History

The appeals arose from interlocutory orders of the National Company Law Appellate Tribunal, with requests for withdrawal made after final orders were issued.

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