Abdul Rehman wani vs FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS on 2 November 2026

1. Heard learned counsel for the parties on M.A. No. 1472/2026, seeking restoration of O.A. No. 198/2026, which came to be dismissed in default of appearance vide order dated 06.10.2026 with liberty to the petitioner to revive the same in case, any cause still subsisted.

2. Learned counsel for the applicant submits that, on the preceding two dates of hearing, he was engaged before the Hon’ble High Court of Jammu & Kashmir and Ladakh in connection with arguments in certain cases and, owing to the aforesaid circumstances, could not cause his appearance before this Tribunal. It is contended that the non-appearance was neither intentional nor deliberate, but was occasioned by the circumstances stated herein-above. It is further submitted that the applicant is very much interested in pursuing the matter and, accordingly, a prayer has been made for restoration of the above titled O.A. No. 198/2026 to its original number in the interest of justice.

3. Per contra, learned counsel for the respondents opposes the application on the ground that the delay has not been satisfactorily explained and that the applicant has failed to established the 'sufficient cause' warranting the restoration of the petition. Dismissal of the application, has, accordingly, been sought.

4. I have heard learned counsel for the parties.

5. The explanation furnished by the applicant for non- appearance, particularly the engagement of his counsel before the Hon'ble High Court on relevant dates, has been considered. Having regard to the circumstances pleaded, this Tribunal is of the considered view that the explanation furnished constitute 'sufficient cause' for non-appearance. There is nothing on record to indicate that default was deliberate or that the applicant intended to abandon the proceedings. Furthermore the application for restoration was filed within 10 days of dismissal of the petition.

6. The Hon'ble Supreme Court, in a catena of decisions has consistently held that where non-appearance of a litigant or his counsel is not deliberate or intentional, the litigant should not ordinarily be deprived of an opportunity to contest the matter on merits. It has been further observed that procedural rules are intended to advance the cause of justice and not to defeat substantive rights on technical grounds. The endeavor of the Court/Tribunal should, therefore, ordinarily be to facilitate adjudication on merits rather than non-suit a party for a procedural default, provided 'sufficient cause' is shown.

7. In view of the aforesaid discussion the application is allowed.

8. Consequently, M.A. No. 1472/2026 is allowed and O.A. No. 198/2026 is restored to its original number and shall proceed in accordance with law.

9. Pleadings are complete in the present O.A.

10. List O.A. No. 198/2026 on 14.12.2026 for arguments.

Justice Ritu Tagore Member (J) Shubham Sharma ( steno 'd' )