M/S Supreme Infrastructure India Ltd vs Engineer-In-Chief, Army Hq
2026 Latest Caselaw 625 Del

Delhi High Court

M/S Supreme Infrastructure India Ltd vs Engineer-In-Chief, Army Hq on 5 February, 2026

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~23
                  *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +      FAO(OS) (COMM) 136/2025
                         M/S SUPREME INFRASTRUCTURE
                         INDIA LTD.                                          .....Appellant
                                            Through:       Mr. Sarthak Pathak, Adv.

                                            versus

                         ENGINEER-IN-CHIEF, ARMY HQ           .....Respondent
                                      Through: Mr. Ankur Mittal, CGSC with
                                      Ms. Rabaica Jaiswal and Mr. Hrithik
                                      Saxena, Advs.

                         CORAM:
                         HON'BLE MR. JUSTICE C. HARI SHANKAR
                         HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                            ORDER (ORAL)

                  %                           05.02.2026

                  C. HARI SHANKAR, J.

1. This application seeks restoration of FAO(OS) (COMM) 136/2025 which was dismissed for default and non-prosecution on 9 January 2026.

2. For the reasons stated in the application, the application is allowed and the order dated 9 January 2026 dismissing the appeal for default and non-prosecution is recalled. The appeal is restored to its original number.

FAO(OS) (COMM) 136/2025

4. Learned Counsel for the appellant candidly acknowledges that the present appeal was instituted against an interim order passed in Section 34 proceedings by the learned Single Judge and that, thereafter, the Section 34 petition stands dismissed. He, therefore, seeks to withdraw this appeal with liberty to file a fresh petition in accordance with law inter alia challenging the order dismissing the Section 34 petition.

5. Leave and liberty is granted as aforesaid, the appeal is disposed of as withdrawn.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

FEBRUARY 5, 2026/aky