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        Companies Law

        2019 (9) TMI 1583 - Tri - Companies Law

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        Withdrawal of infructuous proceedings and connected impleadment request held not maintainable after the main application was withdrawn. Withdrawal of proceedings was permitted where the relief sought had become infructuous, and the matter was disposed of as withdrawn. Once the principal ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Withdrawal of infructuous proceedings and connected impleadment request held not maintainable after the main application was withdrawn.

                            Withdrawal of proceedings was permitted where the relief sought had become infructuous, and the matter was disposed of as withdrawn. Once the principal application stood withdrawn, no surviving proceeding remained in which impleadment could be ordered, so the connected impleadment request was held not maintainable. The pending applications were therefore terminated without adjudication on merits, with withdrawal allowed in one matter and the related impleadment application rejected as incapable of being entertained after withdrawal of the main proceeding.




                            Issues: (i) Whether the application for withdrawal of the proceedings, on the ground that the prayers had become infructuous, deserved permission; (ii) Whether an impleadment application could survive after the underlying application had been withdrawn.

                            Issue (i): Whether the application for withdrawal of the proceedings, on the ground that the prayers had become infructuous, deserved permission.

                            Analysis: The request for withdrawal was accepted as the relief sought had become infructuous.

                            Conclusion: Permission to withdraw was granted and the application was disposed of as withdrawn.

                            Issue (ii): Whether an impleadment application could survive after the underlying application had been withdrawn.

                            Analysis: Once the main application stood withdrawn, there was no surviving proceeding in which impleadment could be ordered; the application was therefore not maintainable.

                            Conclusion: The impleadment application was disposed of as not maintainable.

                            Final Conclusion: The pending applications were terminated without adjudication on merits, with withdrawal permitted in one matter and the connected impleadment request rejected as incapable of being entertained after withdrawal of the principal proceeding.


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                            ActsIncome Tax
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