National Company Law Appellate Tribunal Dismisses Appeal as Withdrawn with Liberty to Seek Other Remedies. Appellant permitted to pursue alternative legal remedies after withdrawal of appeal.

Tribunals: National Company Law Appellate Tribunal Bench: NEW DELHI
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Case Note & Summary

The case involved an appeal filed by Vasu Buildtech against Kashi Viswanathan Sivaraman and others before the National Company Law Appellate Tribunal. During the proceedings, the appellant's counsel, Mr. Ashish Mohan, requested permission to withdraw the appeal, indicating an intention to explore other legal remedies available under the law. The Tribunal, after considering the request, allowed the withdrawal of the appeal and dismissed it, granting the appellant the liberty to approach the Adjudicating Authority for any further applications or remedies. The decision emphasized the appellant's right to seek alternative legal recourse following the withdrawal of the appeal.

Headnote

A) Company Law - Withdrawal of Appeal - Dismissal of Appeal - National Company Law Tribunal Act, 2016 - Appellant sought to withdraw the appeal with liberty to pursue other legal remedies. The Tribunal permitted the withdrawal and dismissed the appeal accordingly, allowing the appellant to approach the Adjudicating Authority for further relief. Held that the appellant retains the right to seek alternative remedies (Paras Not mentioned).

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Issue of Consideration

Whether the appellant can withdraw the appeal and seek other remedies.

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Final Decision

The appeal was dismissed as withdrawn, allowing the appellant to seek other remedies as per law.

Law Points

  • Withdrawal of appeal
  • remedies under law
  • jurisdiction of Adjudicating Authority
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Case Details

2026 LawText (NCLAT) (08) 25

Comp. App. (AT) (Ins) No. 1439 of 2026

2026-08-20

Justice Mohammad Faiz Alam Khan, Mr. Naresh Salecha

Mr. Ashish Mohan, Mr. Manish Kaushik, Mr. Yashpriya Sahran, Mr. Abhijit Sinha, Mr. Krishnendu Datta, Mr. Ishaan Duggal, Ms. Ruchi Goyal, Mr. Sumant Batra, Mr. Sarthak Bhandari, Ms. Riya Kaur Arora, Mr. Aditya Jain

Vasu Buildtech

Kashi Viswanathan Sivaraman & Ors.

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Nature of Litigation

Appeal against a decision of the Adjudicating Authority

Remedy Sought

Withdrawal of appeal with liberty to seek other remedies

Issues

Whether the appellant can withdraw the appeal and seek other remedies

Submissions/Arguments

Appellant's counsel requested to withdraw the appeal Respondents did not oppose the withdrawal

Ratio Decidendi

The Tribunal upheld the appellant's right to withdraw the appeal and seek alternative legal remedies.

Judgment Excerpts

The appeal is dismissed as withdrawn with the liberty aforesaid.

Procedural History

The appeal was filed and subsequently withdrawn by the appellant's counsel during the hearing.

Acts & Sections

  • National Company Law Tribunal Act:
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