Appeal withdrawal simpliciter denied liberty to reopen the same dispute after finality had attached.

Withdrawal of an appeal was permitted only simpliciter, because the request to reserve liberty for further proceedings on the same subject matter was opposed and rejected. The Tribunal accepted the objection that the dispute had already attained finality through later judicial proceedings, and therefore no open-ended liberty could be preserved. The operative effect was that the appeal stood withdrawn, but the appellant was not granted permission to pursue further proceedings arising from the same controversy.

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Issues: Whether the appeal could be permitted to be withdrawn simpliciter without reserving liberty to pursue further proceedings in respect of the same subject matter.

Analysis: The appeal was sought to be withdrawn after the respondents objected to the prayer for reserving liberty. The order records that the request for liberty was opposed on the footing that the subject matter had already attained finality through the subsequent judicial proceedings. The Tribunal accepted the objection and allowed withdrawal only as a simple withdrawal, without leaving open any further liberty against the same dispute.

Conclusion: The appeal was permitted to be withdrawn and no liberty was reserved for further proceedings on the same subject matter.

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