Case Note & Summary
The matter involved an appeal filed by Sunita Jain against Ram Phal Bharadwaj and another. During the proceedings, the appellant's counsel, Mr. Mudit Gupta, submitted that the appeal should be dismissed as withdrawn, indicating that the appellant no longer wished to pursue the matter. The respondent's counsel did not raise any objections to this request. Consequently, the tribunal, comprising Justice Mohammad Faiz Alam Khan and Member (Technical) Ajai Das Mehrotra, dismissed the appeal as withdrawn, reflecting the consent of both parties. The decision underscored the principle that an appeal can be dismissed if the appellant voluntarily chooses to withdraw it, provided there are no objections from the opposing party.
Headnote
A) Company Law - Withdrawal of Appeal - Dismissal of Appeal as Withdrawn - National Company Law Appellate Tribunal, 2026 - The appellant's counsel requested the dismissal of the appeal as withdrawn, and no objections were raised by the respondent's counsel. The tribunal accepted the request and dismissed the appeal accordingly. Held that the appeal was dismissed as per the appellant's instructions (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be dismissed as withdrawn based on the appellant's request.
Final Decision
The appeal was dismissed as withdrawn based on the appellant's counsel's request, with no objections from the respondents.
Law Points
- Withdrawal of appeal
- Consent of parties
- Dismissal of appeal
