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Today Homes and Infrastructures (P) Ltd. vs. Cyberage Properties Private Limited

Original Miscellaneous Petition (Commercial) · 2026:DHC:8306Decided 24 Sept 2026New Delhi Bench
O.M.P. (COMM) 48/2017CNR: DLHC010079482017
Justice Om Prakash Shukla

Background

Today Homes and Infrastructures had filed a petition challenging an arbitral award in its dispute with Cyberage Properties Private Limited, but when the matter was called for hearing on two occasions, no one appeared on behalf of the petitioner.

Decision Breakdown

Because of this repeated non-appearance, the Court dismissed the petition for want of prosecution, while clarifying that the petitioner remained free to file a restoration application within three months if it still wished to pursue the case and could show sufficient cause for its earlier absence.

Lesson Learnt

Litigants (and their counsel) must actively track and appear for their court dates, failing to appear, even in a long-pending case, can result in outright dismissal, though a limited window to seek restoration is usually available.

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