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2026 DAILYLAW 27134 (CHH)

NATIONAL HIGHWAYS AUTHORITY OF INDIA v. SUDHIR GUPTA

MCC/579/2026 · 2026-07-14

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010209322026 2026:CGHC:29843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 579 of 2026 National Highways Authority Of India Through Project Director, Project Implementation Unit - Abhanpur, Montfort, R H S Building, Nh-30, Jhanki, Abhanpur, District Raipur, C.G. 493661 ... Petitioner(s) versus 1 - Sudhir Gupta S/o. Late Ambika Prasad Gupta R/o. Village Sambalpur, Tehsil And District Dhamtari, (C.G.) 2 - Competent Authority For Land Acquisition And Sub-Divisional Officer (Revenue), Dhamtari Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Anant Bajpai, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 15.07.2026 SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.07.16 10:29:15 +0530 2 1. Learned counsel for the applicant submits that Arbitration Appeal No. 35 of 2026 came to be dismissed for want of prosecution vide order dated 01.05.2026. It is submitted that on the said date, owing to the demise of the aunt of the learned counsel, he had to leave for Janjgir to attend the funeral and, therefore, could not appear when the matter was taken up. It is further submitted that the appeal, having been filed online through a junior advocate, was listed as a fresh matter on 01.05.2026, but the learned counsel was unaware of its listing and, consequently, could not make alternative arrangements for appearance. It is submitted that the non-appearance was neither intentional nor deliberate but due to bona fide circumstances. Accordingly, it is prayed that the order dated 01.05.2026 dismissing the appeal for want of prosecution be recalled and Arbitration Appeal No. 35 of 2026 be restored to its original number. 2. I have heard learned counsel for the applicant and perused the material available on record. 3. Considering the explanation offered by learned counsel for the applicant, this Court is satisfied that sufficient cause has 3 been shown for non-appearance on the date when the matter was called. In the interest of justice, the order dated 01.05.2026 dismissing Arbitration Appeal No. 35 of 2026 for want of prosecution deserves to be recalled. 4. Accordingly, the MCC is allowed. The order dated 01.05.2026, whereby Arbitration Appeal No. 35 of 2026 was dismissed for want of prosecution, is recalled. Consequently, Arbitration Appeal No. 35 of 2026 is restored to its original number. Sd/- (Bibhu Datta Guru) JUDGE shoaib