The High Court reiterated that when an appeal is withdrawn upon private settlement, and the order merely records such withdrawal, no new legal principle is laid down and the dismissal operates only as a procedural closure. This decision does not create binding precedent, reaffirming established practice that withdrawal of an appeal by consent does not affect substantive legal issues or establish authority for future cases in any industry or context.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/2883/2022 of DAYA NAND Vs DAKSHIN HARYANA BIJLI VITRAN NIGAM AND ANOTHER |
| CNR | PHHC011470442022 |
| Date of Registration | 21-12-2022 |
| Decision Date | 28-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE DEEPAK GUPTA |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Not a binding precedent; dismissal on procedural withdrawal |
| Type of Law | Civil procedure (appellate withdrawal) |
| Ratio Decidendi |
The appeal was dismissed as withdrawn on the basis of a settlement between the parties. The court recorded the statement of the appellant’s counsel that the dispute had been settled and the requisite amount had been deposited. Accordingly, no substantive legal issue was adjudicated, nor was any legal principle pronounced. The dismissal was purely procedural and does not create or clarify any legal principle. |
| Facts as Summarised by the Court |
The appellant’s counsel stated that the matter had been settled with the respondent, and an amount of Rs. 2,50,764 had been deposited by demand draft. The counsel sought withdrawal of the appeal, which was allowed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | None (Order on withdrawal—no ratio decidendi) |
| Persuasive For | None |
What’s New / What Lawyers Should Note
- Appeal withdrawal pursuant to settlement is procedural; such orders do not constitute precedent.
- No substantive legal issues are decided or clarified in such dismissals.
Summary of Legal Reasoning
- The court merely recorded the statement of the appellant’s counsel regarding settlement and deposit of the agreed amount.
- On this basis, the appeal was allowed to be withdrawn and dismissed.
- The order does not discuss or decide any questions of law, interpret any statute, or apply any precedent.
- Thus, there is no legal reasoning of substantive import.
Arguments by the Parties
Petitioner
- The matter has been settled with the respondent.
- The appellant has already deposited Rs. 2,50,764 as per the settlement.
- The petitioner seeks permission to withdraw the appeal.
Respondent
No separate arguments by the respondent are recorded in the judgment.
Factual Background
The appeal arose from a dispute between the appellant and the Dakshin Haryana Bijli Vitran Nigam Ltd. During the pendency of the appeal, the appellant entered into a settlement with the respondent and deposited a sum of Rs. 2,50,764 via demand draft dated 27.10.2025. On the basis of this settlement, the appellant’s counsel sought to withdraw the appeal.
Statutory Analysis
No statutory provisions were interpreted, analyzed, or applied in the judgment. The order simply records procedural withdrawal pursuant to settlement.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in this single-judge judgment.
Procedural Innovations
No procedural innovations, new directions, or guidelines are contained in the judgment.
Alert Indicators
- ✔ Precedent Followed – Established practice affirmed: withdrawal of appeals by consent does not create substantive precedent.