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Judgment
O R D E R
25.09.2026 By the impugned order, which is under challenged, in fact, the Ld. Tribunal has only proceeded to mark the matter as ‘part heard’, for orders on an application for a waiver, being I.A. No. 127 of 2026. In the subsequent part of the order i.e., the order on I.A. No. 202 of 2026, that has been directed to be listed on 25.11.2026.
In the subsequent proceedings that have taken place before the Ld. Tribunal, the application for waiver the orders as it has already been reserved and the application I.A. No. 202 of 2026 has been deferred to be heard on 25.11.2026.
Because of the fact as pleaded was that the purpose of the challenge to the impugned order of 02.09.2026, as of now stands frustrated because of the subsequent reserving of an order on 23.09.2026, on an application for waiver and also because of the deferment of the order on the I.A. No. 202 of 2026, where the Appellant had sought an interim relief, practically, no merit, which still survives to be considered so far as the impugned order is concerned, the grant of interim order on its consideration is based on the order to be passed a waiver application.
The Appellant could exercise its right qua the question involved pertaining to the waiver or even regards to the issued interim relief, only when he actually puts a question to challenge the order of 23.09.2026, which has been subsequently reserved by the Tribunal.
Ld. Counsel for the Appellant submits that he is withdrawing the Appeal, subject to the condition that the liberty to prefer an Appeal against the order of 23.09.2026 is reserved. We don’t have any reservations to observe that it would always be open for the Appellant to put the challenge to the order of 23.09.2026 since being an independent order in accordance with law.
Ld. Counsel for the Appellant expressed that apprehending the embargo of limitation, because of the fact that the order of 23.09.2026 has not yet been uploaded by the Ld. Tribunal, he is not in a position to challenge the same. Owing to the objection raised by the Registry of this Tribunal, due not furnishing certified copy, while closing this Company Appeal, so far as it relates to the challenge given to the order of 23.09.2026, we request the Ld. Tribunal to ensure to upload the order dated 23.09.2026 within three days from today. The Registry is directed to intimate this order for necessary compliance.