National Company Law Appellate Tribunal Dismisses Appeal in Company Law Matter — Appeal withdrawn by appellant.

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 the resolution process of Dolphin Marine Foods and Processors (India) Pvt Ltd. The appellant, Lalita Powle in consortium with Suyog Agro, filed the appeal against the order passed by the Adjudicating Authority on 25.11.2024. During the proceedings, the learned counsel for the appellant submitted instructions to withdraw the appeal and sought permission from the Tribunal to do so. The Tribunal granted the leave to withdraw the appeal, leading to its dismissal as withdrawn. The decision reflects the Tribunal's acknowledgment of the appellant's right to withdraw the appeal without further proceedings.

Headnote

A) Company Law - Withdrawal of Appeal - Dismissal of Appeal - Companies Act, 2013 - The appellant sought to withdraw the appeal and requested leave for the same, which was granted by the Tribunal. Consequently, the appeal was dismissed as withdrawn, affirming the appellant's right to withdraw the appeal (Paras Not mentioned).

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Issue of Consideration

Whether the appeal can be withdrawn and dismissed accordingly

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Final Decision

The appeal was dismissed as withdrawn after the Tribunal granted leave for withdrawal.

Law Points

  • Withdrawal of appeal
  • Leave granted
  • Dismissal of appeal
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Case Details

2026 LawText (NCLAT) (07) 56

Company Appeal (AT) (Ins) No. 466 of 2025

2026-07-06

Justice N. Seshasayee, Barun Mitra

Mr. Anuj Tiwari, Mr. Sameer Mishra, Mr. Shivendra Nath Mishra, Mr. Vaibhav Vats, Ms. Neha Agarwal

Lalita Powle in Consortium with Suyog Agro

Rosario Luka D’souza, Mr. Satish Anand Shetty, Mr. Peter Mathais D’Souza, Mr. Rakesh Rosario D’Souza, Dolphin Marine Foods And Processors (India) Pvt Ltd.

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Nature of Litigation

Appeal against an order of the Adjudicating Authority in a corporate insolvency matter.

Remedy Sought

The appellant sought to withdraw the appeal.

Previous Decisions

Order dated 25.11.2024 passed by the Adjudicating Authority.

Issues

Whether the appeal can be withdrawn and dismissed accordingly

Submissions/Arguments

The appellant's counsel submitted to withdraw the appeal and sought leave.

Ratio Decidendi

The Tribunal upheld the appellant's right to withdraw the appeal, leading to its dismissal.

Judgment Excerpts

Learned Counsel for the appellant on instruction submits that he is withdrawing the appeal and seeks leave for the same. Leave granted. The appeal is permitted to be withdrawn.

Procedural History

The appeal was filed against an order of the Adjudicating Authority on 25.11.2024. The appellant sought to withdraw the appeal during the proceedings.

Acts & Sections

  • Companies Act, 2013:
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