Case Note & Summary
The dispute arose from a challenge by the appellants against an order dated 24.02.2026 passed by the National Company Law Tribunal (NCLT), Hyderabad Bench, which rejected their objection to a scheme of amalgamation in the context of Company Petition CP(CAA) No. 35/230/HDB/2024. The appellants, represented by Mr. S. Vedhavel, sought to contest this order. However, subsequent to the filing of the appeal, the main Company Petition was decided on merits on 27.03.2026. In light of this development, the appellants' counsel requested permission to withdraw the appeal while reserving the right to challenge the decision made in the main Company Petition. The tribunal, acknowledging the request, permitted the appeal to be dismissed as withdrawn, thereby allowing the appellants to retain their rights to further legal recourse regarding the main petition. The decision was made by Justice Sharad Kumar Sharma and Jatindranath Swain.
Headnote
A) Company Law - Amalgamation - Withdrawal of Appeal - Company Appeal dismissed as withdrawn - National Company Law Tribunal, 2026 - Appellant sought to withdraw the appeal after the main Company Petition was decided on merits, reserving rights to challenge the decision in the main petition. Held that the appeal was permitted to be dismissed as withdrawn (Paras 1-1).
Issue of Consideration
Whether the appeal challenging the order rejecting the objection to the scheme of amalgamation should be dismissed as withdrawn.
Final Decision
The Company Appeal was permitted to be dismissed as withdrawn, allowing the appellants to reserve their rights to challenge the decision in the main Company Petition.
Law Points
- Company law
- amalgamation
- withdrawal of appeal
