Case Note & Summary
The matter before the National Company Law Appellate Tribunal involved an application for abatement of an appeal due to the death of the appellant, Rajendra Agarwal. The appellant had passed away on November 23, 2025, during the pendency of the appeal, and a death certificate was submitted as evidence. The counsel for the appellant noted that no application for substitution of a legal representative had been filed, which was necessary for the continuation of the appeal. The counsel for the Competition Commission of India (CCI) expressed no objection to the abatement of the appeal. The tribunal considered the submissions and allowed the application, resulting in the abatement of the appeal. The decision emphasized the procedural requirement for substitution in the event of the appellant's death, leading to the conclusion that the appeal could not proceed without a legal representative. The tribunal disposed of any pending interim applications as well.
Headnote
A) Company Law - Abatement of Appeal - Death of Appellant - NCLAT Rules, 2016, Rule 11 - The application for abatement was filed following the appellant's death during the appeal's pendency, with no substitution application made. The court allowed the application for abatement, concluding that the appeal could not proceed without a legal representative. Held that the appeal stands abated (Paras 1-4).
Issue of Consideration
Whether the appeal should be abated due to the death of the appellant without substitution of a legal representative.
Final Decision
The application for abatement was allowed, and the appeal was abated due to the death of the appellant without a legal representative being substituted.
Law Points
- Abatement of appeal
- legal representative substitution
- NCLAT Rules
- death of appellant
