ORDER

(Hybrid Mode)

1.26.05.2026 This Appeal has been filed against the order dated 09.04.2026 passed in Restoration Application No. 30 of 2026. The application filed under Section 95 was dismissed for non-appearance of the Counsel on 14.01.2026. Restoration Application No. 30 of 2026, which has been allowed by the impugned order dated 09.04.2026, reads as follows:

“Restoration Application/30/2026-

1. The present Application is filed seeking restoration of C.P.(IB) No. 366(MB)/2023, which was dismissed for non-prosecution by order dated 14.01. 2026. It is submitted that the on 14.01.2026, due to a sudden medical emergency suffered by the Applicant's counsel, appearance could not be made, resulting in dismissal of the Petition. The non-appearance was neither deliberate nor due to negligence, but was caused by circumstances beyond control. The dismissal is based on a solitary instance of non- appearance, and if allowed to stand, would cause grave prejudice to the Applicant.

2. Considering that the request appears to be genuine and necessary, the matter is directed to be restored to its original number. Accordingly, Restoration Application No. 30/2026 is allowed. The CP may be listed on 03