National Company Law Appellate Tribunal Dismisses Appeal for Want of Prosecution Due to Absence of Representation. Appeal Dismissed as Appellant Failed to Appear Despite Delays in Filing and Re-filing.

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

The National Company Law Appellate Tribunal addressed the appeal filed by Rajesh George against Honda Motorcycle & Scooter India Pvt. Ltd. The appeal was marked by significant delays in both its initial filing and subsequent re-filing. On the date of the hearing, the Tribunal noted the absence of any representation for the appellant despite multiple calls for appearance. Consequently, the Tribunal found itself constrained to dismiss the appeal for want of prosecution, indicating that the lack of participation from the appellant rendered the appeal unmanageable. The decision underscored the importance of timely and active participation in legal proceedings, leading to the dismissal of the appeal.

Headnote

A) Company Law - Dismissal for Want of Prosecution - Appeal Dismissed - National Company Law Appellate Tribunal, 2026 - The appeal was dismissed due to the appellant's failure to appear and the delays in filing and re-filing the appeal. The Tribunal noted the absence of representation for the appellant despite repeated calls, leading to the dismissal of the appeal for want of prosecution. Held that the appeal could not proceed in the absence of the appellant (Paras 1).

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Issue of Consideration

Whether the appeal should be dismissed due to delays and absence of representation for the appellant

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Final Decision

The appeal was dismissed for want of prosecution due to the appellant's absence and delays in filing.

Law Points

  • Dismissal for want of prosecution
  • Delay in filing appeal
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Case Details

2026 LawText (NCLAT) (08) 98

Competition Appeal (AT) No. 9 of 2026 & I.A. No. 3322, 3243 of 2026

2026-08-17

Justice Sharad Kumar Sharma, Arun Baroka, Indevar Pandey

None

Rajesh George

Honda Motorcycle & Scooter India Pvt. Ltd.

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Nature of Litigation

Competition appeal

Issues

Whether the appeal should be dismissed due to delays and absence of representation for the appellant

Submissions/Arguments

None appeared for the appellant Repeated calls for appearance were made

Ratio Decidendi

The absence of the appellant and delays in the appeal process justified the dismissal for want of prosecution.

Judgment Excerpts

The Appeal is dismissed accordingly.

Procedural History

The appeal was filed but suffered from delays in both filing and re-filing. The appellant failed to appear at the hearing.

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