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2026 DAILYLAW 8110 (RAJ)

SUPERINTENDENT ENGINEER v. M/S GHANARAM (ENGINEERS AND CONTRACTORS)

CRES/192/2026 · 2026-05-21

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:21489] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 192/2026 1. Superintendent Engineer, Rajasthan State Agriculture Marketing Board, Krishi Bhawan, Bhagwan Das Road, Jaipur. 2. Executive Engineer, Rajasthan State Agriculture Board, Jaipur. ----Applicant/Appellant Versus M/s Ghanaram (Engineers And Contractors), 240/a, Civil Lines, Kachahari Choraha (Jhanasi) U.p. 284001 Through Its Power Of Attorney Holder K.l. Dube, Aged About 48 Years, Resident Of Banka Pahari (Jhanasi) U.p. ----Non-Applicant/Respondent For Petitioner(s) : Mr. M.K. Dhakad For Respondent(s) : Mr. M I Abbasi HON'BLE MR. JUSTICE BIPIN GUPTA Order 21/05/2026 1. Learned counsel for the applicant submits that on 09.03.2026, when the matter was taken up by the Court for hearing, he could not appear due to reasons beyond his control. Consequently, the present Civil Miscellaneous Appeal was dismissed for non-prosecution on 09.03.2026. 2. Learned counsel for the applicant further submits that immediately thereafter, on 27.03.2026, he filed an application for restoration of S.B. Civil Miscellaneous Appeal No. 4361/2009. He further states that the restoration application has been filed within the prescribed period of 30 days. He also submits that the appellant was genuinely pursuing the appeal and that the appeal [2026:RJ-JP:21489] (2 of 2) [CRES-192/2026] came to be dismissed solely on account of non-appearance on a single occasion. 3. Per contra, learned counsel for the respondent submits that the appeal has been pending since 2009 and, therefore, it may not be appropriate to restore the same. 4. Heard and perused the material available on record. 5. This Court deems it appropriate to allow the present Civil Restoration Application and restore S.B. Civil Miscellaneous Appeal No. 4361/2009, subject to payment of costs of Rs. 2,500/- to the Rajasthan State Legal Services Authority, Jaipur, within a period of four weeks. 6. With the above observation, the present Civil Restoration Application is allowed. 7. All pending applications stand disposed of. (BIPIN GUPTA),J KRATIKA/24