Punjab & Haryana HC Sets Aside Dismissals for Non-Prosecution and Restores Appeals for Hearing on Merits

Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

Date: 01.09.2026

Punjab & Haryana HC Sets Aside Dismissals for Non-Prosecution and Restores Appeals for Hearing on Merits

The Punjab and Haryana High Court recently delivered a significant judgment in the case of Komal Gupta vs. Real Estate Appellate Tribunal, Punjab and another. This case highlights the importance of fair hearing, the responsibilities of legal professionals, and the rights of litigants in real estate disputes.

Background of the Case

Komal Gupta, the petitioner, had booked two units in the commercial project ‘Chandigarh City Centre’ on VIP Road, Zirakpur. Dissatisfied with the actions of the developer (respondent no. 2), she filed a complaint before the Real Estate Regulatory Authority (RERA), Punjab. However, her complaint was dismissed by RERA on 18 June 2021.

Unhappy with this outcome, Komal Gupta filed two appeals before the Real Estate Appellate Tribunal. Unfortunately, due to repeated non-appearance by her counsel, the appeals, subsequent restoration applications, and review applications were all dismissed for non-prosecution between April 2022 and February 2023.

Key Issues and Court Proceedings

1. Non-Appearance and Dismissal

• The appeals and applications were dismissed because neither the petitioner nor her counsel appeared before the Appellate Authority on multiple occasions.
• The Tribunal expressed its displeasure, noting a lack of respect for court procedures and repeated defaults in appearance.

2. Petitioner’s Plight

• Komal Gupta argued that she suffered irreparable loss due to her counsel’s negligence.
• She claimed she was not informed about the dismissals in time, as her husband’s Army postings kept her away from the city, and she relied on telephonic updates from her counsel.
• The petitioner asserted she was misled by her legal representatives and pleaded for her case to be heard on merits.

3. Tribunal’s Observations

• The Tribunal noted inconsistencies in the signatures on the Power of Attorney documents and criticized the conduct of the counsels involved.
• It acknowledged that the petitioner appeared to be a victim of irresponsible legal professionals, which caused significant harm to her case.

High Court’s Decision

After reviewing the entire file and hearing the petitioner, the High Court found no fault with the Appellate Authority’s earlier orders, as the repeated non-appearance left the Tribunal with no choice but to dismiss the matters. However, the Court recognized that the petitioner suffered for no fault of her own and that the interests of justice required a remedy.

Key Orders by the High Court:

1. The writ petition was allowed.
2. The orders dismissing the appeals, restoration applications, and review applications were set aside.
3. The appeals were restored to their original numbers.
4. The Appellate Tribunal was requested to hear and decide the appeals on merits.
5. The petitioner was directed to appear before the Appellate Authority on 13 May 2024 at 11:00 a.m.

Significance of the Judgment

• Protection of Litigant Rights: The judgment underscores the judiciary’s commitment to ensuring that litigants are not penalized for the lapses of their legal representatives.
• Professional Responsibility: It serves as a reminder to legal professionals about their duty to diligently represent their clients and maintain respect for court procedures.
• Access to Justice: The decision reinforces the principle that justice must not only be done but must also be seen to be done, especially when procedural lapses threaten to deny a party their day in court.

Conclusion

The Punjab and Haryana High Court’s intervention in Komal Gupta’s case sets an important precedent for similar disputes. It highlights the need for vigilance, both on the part of litigants and their legal counsel, and reaffirms the judiciary’s role in safeguarding the right to a fair hearing.

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Source: Punjab & Haryana High Court

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