National Company Law Appellate Tribunal Dismisses Company Appeal as Withdrawn Due to Counsel's Request. Appeal Withdrawn Following Counsel's Memo, Resulting in Vacation of Interim Order.

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

The case involved a company appeal filed by M/s. Vijaya Hospitality and Resorts Limited against several respondents, including individuals and a private limited company. The appeal was presented before the National Company Law Appellate Tribunal in Chennai. On 07.07.2026, the appellant's counsel submitted a withdrawal memo, stating that the appellant did not wish to pursue the appeal any further. The tribunal considered this request and decided to dismiss the appeal as withdrawn. Consequently, the interim order that had been issued on 02.08.2024 was vacated, marking the conclusion of the proceedings in this matter. The decision was made by a bench comprising Justice Sharad Kumar Sharma and Jatindranath Swain.

Headnote

A) Company Law - Withdrawal of Appeal - Dismissal of Appeal - Companies Act, 2013 - The appellant's counsel filed a withdrawal memo indicating the intention not to press the appeal, leading to the dismissal of the appeal as withdrawn. The court vacated the interim order previously issued, reflecting the finality of the withdrawal (Paras Not mentioned).

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Issue of Consideration

Whether the company appeal should be dismissed as withdrawn based on the appellant's counsel's request.

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Final Decision

The company appeal was dismissed as withdrawn based on the appellant's counsel's request, and the interim order dated 02.08.2024 was vacated.

Law Points

  • Withdrawal of appeal
  • Dismissal of appeal
  • Interim order vacated
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Case Details

2026 LawText (NCLAT) (07) 126

Comp. App (AT) (CH) No. 42 /2024

2026-07-07

Justice Sharad Kumar Sharma, Jatindranath Swain

Mr. CV. Shailandran, Mr. Saje, Mr. K Shaj

M/S. VIJAYA HOSPITALITY AND RESORTS LIMITED

Saira Thampi Krishna, Aadithya Krishna, Athira Krishna, M/S. WEST COAST HOMES PRIVATE LIMITED, THE REGISTRAR OF COMPANIES (KERALA AND LAKSHADWEEP), Baboo K C, C.K. Vijayan, C.K. Sibi, C.K. Soman, Krishnankutty

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Nature of Litigation

Company appeal regarding corporate governance issues

Remedy Sought

Dismissal of the appeal as withdrawn

Filing Reason

Counsel's indication of non-pursuit of the appeal

Issues

Whether the appeal should be dismissed as withdrawn

Submissions/Arguments

Counsel for the appellant submitted a withdrawal memo Counsel for the respondents did not contest the withdrawal

Ratio Decidendi

The tribunal upheld the principle that an appellant may withdraw their appeal, leading to its dismissal and the vacation of any interim orders.

Judgment Excerpts

The Ld. Counsel for the Appellant has filed a withdrawal memo contending thereof that, owing to the averment that has been made therein, he doesn’t intend to press the company appeal and has sought the dismissal of the same as withdrawn. Owing to the ground that has been taken in the memo, the 'company appeal' would stand 'dismissed' as 'withdrawn'.

Procedural History

The appeal was filed, and on 07.07.2026, the counsel for the appellant submitted a withdrawal memo leading to the dismissal of the appeal.

Acts & Sections

  • Companies Act, 2013:
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