National Company Law Appellate Tribunal Dismisses Appeal Due to Unconditional Withdrawal. Appeal was withdrawn by the appellant's counsel without opposition from the respondents, leading to dismissal.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
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Case Note & Summary

The matter involved an appeal filed by Om Engineers and Fabricators against Neehal Pathan and others before the National Company Law Appellate Tribunal. On 17th September 2026, the learned counsel for the appellant informed the Tribunal of their instructions to withdraw the appeal unconditionally. The counsel for the respondents, representing both Respondent No. 1 and Respondent No. 3, stated that they had no objection to the withdrawal. In light of these submissions, the Tribunal considered the request and decided to dismiss the appeal as withdrawn unconditionally. Additionally, any pending applications related to the appeal were also disposed of. The decision was made by the officiating Chairperson and two technical members of the Tribunal.

Headnote

A) Company Law - Withdrawal of Appeal - Unconditional Dismissal - National Company Law Tribunal Act, 2016 - The appellant's counsel indicated the intention to withdraw the appeal unconditionally, which was not opposed by the respondents. The Tribunal dismissed the appeal as withdrawn and disposed of any pending applications accordingly. Held that the appeal was dismissed unconditionally (Paras 1-3).

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Issue of Consideration

Whether the appeal should be withdrawn and dismissed unconditionally.

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Final Decision

The appeal was dismissed as withdrawn unconditionally, and any pending applications were disposed of.

Law Points

  • Withdrawal of appeal
  • unconditional dismissal
  • disposal of pending applications
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Case Details

2026 LawText (NCLAT) (09) 174

Company Appeal (AT) (Insolvency) No. 769 of 2026 & I.A. No. 2984, 2989 of 2026

2026-09-17

Justice Yogesh Khanna, Barun Mitra, Ajai Das Mehrotra

Mr. Anand Dilip Landge, Mr. Shreenivas Patil, Mr. Yahya Batatwala, Mr. Devul Dighe

Om Engineers and Fabricators

Neehal Pathan & Ors.

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Nature of Litigation

Appeal in insolvency matter

Remedy Sought

Withdrawal of appeal

Issues

Whether the appeal should be withdrawn and dismissed unconditionally.

Submissions/Arguments

Appellant's counsel indicated intention to withdraw the appeal unconditionally. Respondents had no objection to the withdrawal.

Ratio Decidendi

The Tribunal upheld the unconditional withdrawal of the appeal as per the counsel's instructions, leading to its dismissal.

Judgment Excerpts

The learned counsel for the appellant has instructions to withdraw the present appeal unconditionally. Considering the above submissions, the appeal stands dismissed as withdrawn unconditionally.

Procedural History

The appeal was filed by Om Engineers and Fabricators against Neehal Pathan and others. On 17th September 2026, the appellant's counsel sought to withdraw the appeal, which was not opposed by the respondents.

Acts & Sections

  • National Company Tribunal Act:
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