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Judgment
(Hybrid Mode)
This company appeal is listed on a Restoration Application (AT) No. 8 of 2026, where the appellant has sought recall of the order dated 28.01.2026, whereby the company appeal was dismissed for want of prosecution.
The application for restoration is being vehemently opposed by the respondent contending thereof that there is no logical ground made out by the appellant in the application, which could call for recalling of the order dismissing the company appeal for want of prosecution.
Besides that Ld. Counsel for the appellant also submits that, the past conduct also shows that the appellant has not been diligently enough in participating in the proceedings.
Having considering the reasons given in the application and particularly for the purpose of an effective adjudication of the lis on merits, the matter requires to be considered on merits. While considering a particular application court has to confine to the application, past conduct of the applicant is not to be seen.
Thus, the Restoration Application (AT) No. 8 of 2026 would stand allowed. The order dismissing the company appeal in default dated 28.01.2026, would stand recalled. The Company Appeal (AT) No. 26 of 2026 is restored to its original number.
Let the company appeal be listed to be considered on its merits.
The Respondent Counsel may file a counter to the main appeal within a period of three weeks from today.
List this matter on 11.09.2026.