National Company Law Appellate Tribunal Dismisses Company Appeals as Infructuous. Appeals were dismissed as the counsel for the appellant stated they had become infructuous, with no opposition from the respondents.

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

The case involved two company appeals filed by Union Bank of India against Sanatanu Brahma and another. During the proceedings, the counsel for the appellant stated that the appeals had become infructuous, a statement that was not contested by the respondents' counsel. Consequently, the tribunal decided to dismiss both appeals on the grounds of being rendered infructuous. The decision reflects the tribunal's acknowledgment of the appellant's position and the absence of opposition from the respondents, leading to a straightforward dismissal without further deliberation.

Headnote

A) Company Law - Dismissal of Appeals - Appeals rendered infructuous - Company Appeal (AT) (Ins.) No. 461 of 2023 and No. 02 of 2024 - The counsel for the appellant stated that the appeals have become infructuous, which was not opposed by the respondents' counsel. The tribunal directed the dismissal of the appeals based on this statement, indicating that no further proceedings were necessary (Paras 1-2).

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Issue of Consideration

Whether the company appeals should be dismissed due to being rendered infructuous.

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Final Decision

The tribunal dismissed both company appeals as having been rendered infructuous based on the statement made by the appellant's counsel.

Law Points

  • Dismissal of appeals
  • Infructuous appeals
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Case Details

2026 LawText (NCLAT) (08) 54

Company Appeal (AT) (Ins.) No. 461 of 2023 & No. 02 of 2024

2026-08-12

Justice Sharad Kumar Sharma, Arun Baroka, Indevar Pandey

Mr. Samarendra Kumar, Mr. Vishnu Jaysaval, Mr. Nilay Singh

Union Bank of India

Sanatanu Brahma & Anr.

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Nature of Litigation

Company appeals regarding financial matters.

Remedy Sought

Union Bank of India sought to pursue the appeals.

Issues

Whether the company appeals should be dismissed due to being rendered infructuous.

Submissions/Arguments

Counsel for the appellant stated the appeals were infructuous. Respondents' counsel did not oppose the statement.

Ratio Decidendi

The appeals were dismissed due to the acknowledgment that they had become infructuous, reflecting the principle that appeals must have a basis for continuation.

Judgment Excerpts

The said statement made by the counsel for the appellant is not opposed by the respondent's counsel. these company appeals are directed to be dismissed as having been rendered infructuous.

Procedural History

The appeals were filed by Union Bank of India and were heard in a hybrid mode. The counsel for the appellant made a statement regarding the status of the appeals.

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