Case Note & Summary
The matter involved an appeal filed by a consortium of companies against the Monitoring Committee of Hotel Horizon Pvt. Ltd. The appellant sought to withdraw the appeal and the accompanying application for condonation of delay in refiling, stating that the matter had become infructuous. The counsel for the appellant, Mr. Arun Kathpalia, submitted this request, and there were no objections from the respondents' counsel. The tribunal considered the request and dismissed both the appeal and the application for condonation of delay, concluding that the appeal was indeed infructuous. The decision was made by the members of the tribunal, Justice Mohammad Faiz Alam Khan and Arun Baroka.
Headnote
A) Company Law - Withdrawal of Appeal - Dismissal of Appeal as Infructuous - Companies Act, 2013 - The appellant's counsel requested to withdraw the appeal and the application for condonation of delay, stating it has become infructuous. The court noted that no objections were raised by the respondents regarding this request and thus dismissed the appeal accordingly. Held that the appeal was dismissed as infructuous (Paras 1-2).
Issue of Consideration
Whether the appeal and the application for condonation of delay should be dismissed as withdrawn.
Final Decision
The tribunal dismissed the appeal and the application for condonation of delay as infructuous.
Law Points
- Withdrawal of appeal
- Condonation of delay
- Infructuous proceedings
