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L&T Infrastructure Finance Company Limited & Ors. vs Union of India & Ors.

Civil Appeal · 2022 INSC 726Decided 14 Jul 2022
Civil Appeal Nos. 2397-2398 of 2019
Uday Umesh Lalit · S. Ravindra Bhat · Sudhanshu Dhulia · U.U. Lalit presiding

Background

This document is a common, one-page-per-matter order disposing of several separate but related civil appeals filed by L&T Infrastructure Finance Company and others against Union of India, all arising out of interlocutory orders passed earlier by the National Company Law Appellate Tribunal (NCLAT), New Delhi in connected Company Appeal proceedings. The specific appeal relevant here, Civil Appeal Nos. 2397-2398 of 2019, arose from an NCLAT order dated 11.02.2019, which was itself only an interlocutory (interim) order, not a final decision on merits.

Decision Breakdown

Senior Advocate Mr. Gopal Jain, appearing for the appellants, informed the Court that a final order in the underlying matter had already been passed by the NCLAT on 12.03.2021, and accordingly sought the Court's permission to withdraw these now-infructuous appeals. The Supreme Court granted this liberty and disposed of Civil Appeal Nos. 2397-2398 of 2019 as withdrawn, also vacating any interim orders that had been passed by the Court during the pendency of the appeal. No question of law was decided on merits.

Lesson Learnt

When an interim/interlocutory order under challenge is overtaken by a final decision in the same proceeding, the pending appeal against the interim order becomes infructuous and is properly withdrawn rather than argued on merits: this is a routine procedural closure, not a substantive ruling.

Official source (sci.gov.in)View Judgment (PDF)

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