National Company Law Appellate Tribunal Dismisses Appeal in Competition Law Matter Due to Operational Challenges. Appellant's Withdrawal of Appeal Approved by Tribunal, Leading to Dismissal.

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

The case involved Meru Travel Solutions Pvt Ltd as the appellant against the Competition Commission of India and others as respondents. The appellant filed an appeal against an order dated 20.06.2018, which disposed of information submitted 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 operational and revenue challenges, making it unviable to continue the litigation. Consequently, the management decided to withdraw the appeal. The respondents' counsel indicated no objection to the withdrawal. The Tribunal, considering the circumstances, allowed the application for withdrawal and dismissed the appeal as withdrawn. The decision was made by Justice Yogesh Khanna and Mr. Ajai Das Mehrotra.

Headnote

A) Competition Law - Withdrawal of Appeal - Appellant's Right to Withdraw - Competition Act, 2002, Section 26(2) - The appellant sought to withdraw the appeal due to severe operational and revenue impacts affecting its litigation ability. The Tribunal allowed the withdrawal application unconditionally, leading to the dismissal of the appeal as withdrawn. Held that the appellant's request was justified under the circumstances (Paras 1-4).

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Issue of Consideration

Whether the appellant can withdraw the appeal against the order of the Competition Commission of India.

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Final Decision

The Tribunal allowed the application for withdrawal and dismissed the appeal as withdrawn.

Law Points

  • Withdrawal of appeal
  • Competition Act
  • 2002
  • Section 26(2)
  • Tribunal's discretion
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Case Details

2026 LawText (NCLAT) (05) 143

IA NO.3310/2026 in Competition Appeal (AT) No.66/2018

2026-05-12

Justice Yogesh Khanna, Mr. Ajai Das Mehrotra

Mr Udayan Jain, Mr Abir Ray, Ms Kajal Sharma, Mr Vivek Pandey, Mr Ranjan Mishra, Mr Sasthibrata Panda, Mr Harsh J, Ms Biyanka Bhaba, Ms Nisha Kaur Uberoi, Mr Sarthak Pande, Ms Akrathi Shetty, Mr Rohan Bhargava, Mr Srihars h Peechera, Ms Shruti Aggarwala, Mr. Samar Bansal, Mr Rohan Arora, Mr Aman Singh Sethi, Mr Shivek Endlaw, Ms Saachi Keile

Meru Travel Solutions Pvt Ltd

Competition Commission of India & Ors

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Nature of Litigation

Appeal against an order of the Competition Commission of India

Remedy Sought

Withdrawal of the appeal

Filing Reason

Impugned order affecting operations and revenues

Previous Decisions

Appeal admitted on 22.07.2019

Issues

Right to withdraw appeal Impact of operational challenges on litigation

Submissions/Arguments

Appellant argued operational challenges necessitated withdrawal Respondents had no objection to the withdrawal

Ratio Decidendi

The Tribunal exercised its discretion to allow the withdrawal of the appeal based on the appellant's operational difficulties.

Judgment Excerpts

The application is allowed and the appellant is permitted to withdraw the present appeal unconditionally. Accordingly, the appeal is dismissed as withdrawn.

Procedural History

The appeal was filed against an order of the Competition Commission of India, admitted by the Tribunal, and subsequently, an application for withdrawal was made.

Acts & Sections

  • Competition Act, 2002: Section 26(2)
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