Project Dierector the National Highway Authority of India Project Implementation Unit Dhule v. Yuvraj Avchit Mali (Deceased) and Ors.
Case brief
What is this about?
Dismissal for want of prosecution of Arbitration Appeal Nos. 18-27 of 2019 and associated Civil Applications, High Court of Judicature at Bombay, Aurangabad Bench, Abhay J. Mantri, J., dated 08 June 2026. Parties: Project Director, National Highway Authority of India (NHAI), Project Implementation Unit, Nashik (applicant/appellant side) versus Rajendra Walchand Shinde and another (respondents; advocates Vijay B. Patil and V.P. Raje). Key points: death of Respondents during pendency; repeated failure to bring legal heirs on record; orders dated 09.01.2024, 12.04.2024, 21.06.2024 and 19.07.2024; abatement and disposal against deceased Respondents without further reference to the Court; non-appearance on 16.04.2026, 24.04.2026, 04.05.2026 and 08.06.2026; no statute or precedent cited. Useful on procedure for abatement/non-substitution defaults in arbitration appeals.
What did the court decide?
Despite repeated orders (09.01.2024, 12.04.2024, 21.06.2024 and 19.07.2024) granting time and directing substitution of the legal heirs of deceased Respondents, no steps were taken within the stipulated period, and on 08.06.2026 no one appeared for the Applicants/Appellants, who appeared not interested in prosecuting the Applications/Appeals.