Case Note & Summary
The dispute arose in the context of an appeal filed by Meru Travel Solutions Pvt Ltd against an order of the Competition Commission of India dated 20.06.2018, which disposed of information filed by the appellant on 02.06.2017 under Section 26(2) of the Competition Act, 2002. The appeal was admitted by the Tribunal on 22.07.2019. The appellant's counsel submitted that the company faced severe impacts on its operations and revenues, making it unviable to continue with the litigation. Consequently, the management decided to withdraw the appeal. The respondents' counsel indicated no objection to this application. The Tribunal, considering the circumstances, allowed the application for withdrawal and dismissed the appeal as withdrawn. The decision underscored the Tribunal's recognition of the appellant's operational challenges and the absence of opposition from the respondents, facilitating an unconditional withdrawal of the appeal.
Headnote
A) Competition Law - Withdrawal of Appeal - Unconditional Withdrawal - Competition Act, 2002, Section 26(2) - The appellant sought to withdraw the appeal due to severe operational and revenue impacts affecting its ability to continue litigation. The Tribunal allowed the application for withdrawal as there was no objection from the respondents, leading to the dismissal of the appeal as withdrawn. Held that the appellant's request was justified under the circumstances (Paras 1-4).
Issue of Consideration
Whether the appellant can withdraw the appeal unconditionally.
Final Decision
The Tribunal allowed the application for withdrawal and dismissed the appeal as withdrawn.
Law Points
- Withdrawal of appeal
- Section 26(2) Competition Act
- 2002
- Unconditional withdrawal
