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Smart Summary

Summary of Order — National Company Law Appellate Tribunal

Case: Competition Appeal (AT) No. 32 of 2017

Parties: VE Commercial Vehicles Ltd. (Appellant) v. Competition Commission of India & Anr. (Respondents)

Bench / Author: (Justice S. J. Mukhopadhaya) Chairperson

Date of Order: 03.01.2018

Factual and Procedural Background

The proceeding before the Appellate Tribunal was Competition Appeal (AT) No. 32 of 2017, filed by VE Commercial Vehicles Ltd. against the Competition Commission of India and another respondent. On 03.01.2018, Shri Aaditya Vijaykumar appeared on behalf of the appellant and sought permission to withdraw the appeal. No counsel appeared for the respondents at the hearing. The Tribunal granted permission to withdraw the appeal, subject to a condition that no liberty be granted to file another appeal in the same matter before this Appellate Tribunal. The appeal was disposed of as withdrawn.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The order is a concise procedural disposition. The Tribunal recorded that the appellant's counsel sought permission to withdraw the appeal. Noting the absence of any representative for the respondent, the Tribunal granted the appellant's request to withdraw the appeal but imposed a specific condition: the appellant was not granted liberty to institute another appeal on the same matter before this Appellate Tribunal. The order contains no extended legal analysis or citation of legal principles; it effectuates the withdrawal request and records the procedural outcome.

Holding and Implications

Holding: The appeal is DISPOSED OF as withdrawn, with permission to withdraw granted on the condition that the appellant shall have no liberty to file another appeal in the same matter before this Appellate Tribunal.

Implications: The direct effect is that the current appeal is formally terminated as withdrawn and the appellant is precluded from refiling the same appeal before this Tribunal. The order contains no discussion of broader legal principles or precedential holdings.

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    Ve Commercial Vehicles Ltd. v. Competition Commission Of India

    NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

    Competition Appeal (AT) No. 32 of 2017

    IN THE MATTER OF:

    VE Commercial Vehicles Ltd. …Appellant

    Vs

    Competition Commission of India & Anr. ….Respondent

    Present: For Appellants: Shri Aaditya Vijaykumar and Shri Sanskar

    Agarwal, Advocates.

    For Respondent: None.

    O R D E R

    03.01.2018: Shri Aaditya Vijaykumar appearing on behalf of the appellant

    sought permission to withdraw the appeal. The permission is granted but

    without any liberty to file another appeal in same very matter before this

    Appellate Tribunal.

    The appeal stands disposed of as withdrawn.

    (Justice S. J. Mukhopadhaya)

    Chairperson

    am/gc

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    Ve Commercial Vehicles Ltd. v. Competition Commission Of India
    (Jan 3, 2018)