NCLAT Dismisses Appeal as Withdrawn with Liberty to Pursue Other Remedies. The Tribunal allowed the Appellant to seek other legal remedies while dismissing the appeal as withdrawn.

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

The case involved an appeal before the National Company Law Appellate Tribunal concerning Luxmi Devi as the Appellant against Ireo Fiveriver Pvt. Ltd. and another as Respondents. During the proceedings, the Appellant's counsel submitted that the appeal should be dismissed as withdrawn, while also requesting the liberty to pursue other available remedies under law and to continue with a pending application before the Adjudicating Authority. The Tribunal considered this request and decided to dismiss the appeal as withdrawn, granting the Appellant the liberty to seek other remedies. The decision reflects the Tribunal's acknowledgment of the Appellant's right to pursue alternative legal avenues while concluding the current appeal.

Headnote

A) Company Law - Withdrawal of Appeal - Dismissal of Appeal as Withdrawn - National Company Law Tribunal Act, 2016 - The Appellant's counsel requested the dismissal of the appeal as withdrawn while seeking liberty to pursue other legal remedies and a pending application. The Tribunal granted the request and dismissed the appeal, allowing the Appellant to seek other remedies under law (Paras Not mentioned).

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Issue of Consideration

Whether the appeal should be dismissed as withdrawn while granting liberty to pursue other remedies.

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Final Decision

The Tribunal dismissed the appeal as withdrawn, granting the Appellant liberty to pursue other remedies under law and to continue with the pending application before the Adjudicating Authority.

Law Points

  • Withdrawal of appeal
  • liberty to pursue remedies
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Case Details

2026 LawText (NCLAT) (09) 190

Company Appeal (AT) (Insolvency) No. 1598 of 2026

2026-09-08

Justice Mohammad Faiz Alam Khan, Naresh Salecha

Ms. Megha Karnwal, Mr. Aaditya Thorat

Luxmi Devi

Ireo Fiveriver Pvt. Ltd. & Anr.

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Nature of Litigation

Appeal against a decision of the Adjudicating Authority under insolvency proceedings.

Remedy Sought

The Appellant sought to withdraw the appeal and pursue other remedies.

Filing Reason

The appeal was filed against a decision of the Adjudicating Authority.

Issues

Whether the appeal should be dismissed as withdrawn while granting liberty to pursue other remedies.

Submissions/Arguments

The Appellant's counsel requested dismissal of the appeal as withdrawn. The Appellant sought liberty to pursue other legal remedies and a pending application.

Ratio Decidendi

The Tribunal upheld the Appellant's right to withdraw the appeal while allowing the pursuit of other legal remedies.

Judgment Excerpts

The instant appeal be dismissed as withdrawn, however, liberty be granted to the Appellant to pursue other remedies which will be available to him under law.

Procedural History

The appeal was filed and subsequently, the Appellant's counsel requested its dismissal as withdrawn.

Acts & Sections

  • National Company Law Tribunal Act:
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