Gauhati High Court
I.A.(Civil)/148/2026 of Sh. R. Rengchhunga Vs National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) and Anr. on 26 July 2026
GAHC030005332026 THE GAUHATI
GAHC030005332026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/148/2026
Sh. R. Rengchhunga
S/o Rosiama (L)
R/o Vengthar, Khawzawl
Khawzawl District, Mizoram - 796310
VERSUS
National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) and Anr.
1st and 2nd floor, Tower A, WTC, Nauroji Nagar, New Delhi - 110029
2:The
Manager (P)
PMU-Seling
NHIDC
Advocate for the Petitioner : Mr. Joseph Mangsuanhau Advocate for the Respondent :
Linked Case : Arb.A./12/2026
National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) and Anr.
Represented by Managing Director (P)
1st and 2nd floor
Tower A
WTC
Nauroji Nagar
New Delhi - 110029
2: The Manager (P)
PMU-Seling
NHIDCL
C/o Tourist Lodge
Thingsulthliah
District-Aizawl
Mizoram
- 796161
VERSUS
Sh. Rengchhunga and 2 Ors.
R/o Khawzawl Vengthar
Khawzawl District
Mizoram
2:The Competent Authority for Land Acquisition Khawzawl District Khawzawl 3:Union of India Represented by the Secretary to the Ministry of Road Transport and Highway Government of India Transport Bhavan
1
Parliament Street
New Delhi-11001
Advocate for the Petitioner : Mr. Shubham Paliwal Advocate for the Respondent : Mr. Joseph Mangsuanhau for R1
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
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JUDGEMENT
Date : 27.07.2026
1. Heard Mr. Joseph Mangsuanhau, learned counsel for the applicant. Also heard Mr. K. Jain, learned counsel for the respondent no.1 and Mr. Jonathan Lalrintluanga, learned counsel appears for the respondent no. 2.
2. The applicant’s counsel submits that the ex-parte order dated 03/06/2026 passed in Arb. Appeal No. 12/2026 should be recalled.
3. The impugned order dated 03/06/2026 passed in Arb. Appeal No. 12/2026, is reproduced herein below as follows :-
“03.06.2026 Heard Mr. Kartik Jain, learned counsel for the appellants, who submits that the application under Section 34 of the Arbitration & Conciliation Act, 1996 submitted before the Court of Addl. District Judge, Champhai, vide Arbitration Petition No. 2 of 2025, was dismissed vide Judgment & Order dated 08.04.2026, on the ground that the application had not been filed within the stipulated time period of 90 days. The appellants counsel submits that in terms of the Arbitration Peon Book (Page No. 41 of the Arbitration Appeal), the Arbitral Award has been received by the appellants on 23.10.2025. As the application under Section 34 had been filed before the Civil Court on 21.01.2025, the same was within time. Issue notice, returnable in four (4) weeks. Mr. Jonathan Lalrintluanga, learned counsel accepts notice on behalf of the respondent No. 3 while Ms. Zairemsangpuii, learned CGC accepts notice on behalf of the respondent No. 3. Appellants to take steps for service of notice upon the respondent No. 1 by Speed Post and through usual mode within three (3) days. List the matter on 02.07.2026.”
4. A perusal of the above order clearly shows that the appeal filed by the respondent had been taken up for the first time by this Court and notice had been issued to the opposite party. There is nothing that prejudices the applicant herein by the said order. As such, there is no reason to recall the said order dated 03/06/2026.
5. The application is dismissed.
JUDGE Comparing Assistant