Appellant's Plea Granted: Order Recalled for Rehearing

The Circuit Bench at Cochin recalled the ex-parte final order (No. 1123 & 1124/2007) and allowed re-hearing following the appellant's plea for justice. The Tribunal acknowledged the appellant's timely filing of rectification applications within the statutory limit and considered legal arguments supported by previous case laws. Emphasizing the importance of the party's right to be heard, the Tribunal found merit in the appellant's contentions, recalling the order and scheduling a rehearing on 4-11-2008.

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Issues:
1. Rectification of mistake in Final Order No. 1123 & 1124/2007 passed by the Circuit Bench.
2. Ex-parte order passed without hearing the party.
3. Request for recalling the order in the interest of justice.
4. Application filed within the statutory time limit.
5. Legal arguments based on previous case laws.
6. Tribunal's decision on recalling the final order and allowing re-hearing.

Detailed Analysis:
1. The issue involved in this case pertains to the rectification of mistake in Final Order No. 1123 & 1124/2007 passed by the Circuit Bench at Cochin. The appellant filed applications for rectification against the said order.

2. The key contention raised was that the order had been passed ex-parte without giving the party an opportunity to be heard. The appellant argued that the first hearing was fixed on 14-9-2007, and the final order was passed on the same day by the Circuit Bench. It was highlighted that the appellant had not received any notice of the hearing, and specific letters were sent seeking adjournment, which were not considered.

3. The appellant pleaded for the order to be recalled in the interest of justice. Detailed affidavits were submitted outlining the circumstances, including a request for not fixing any hearing in the near future and forwarding hearing notices to an alternate address. Reference was made to a similar situation where the Tribunal recalled an ex-parte final order in a previous case.

4. It was emphasized that the applications for rectification were filed within about three months of receiving the ex-parte final order, well within the statutory time limit. The appellant relied on legal principles laid down by the Hon'ble Supreme Court in the case of Sree Ayyanar Spinning & Weaving Mills Ltd.

5. The appellant supported their arguments by citing various case laws, including J.K. Synthetics Ltd., Devon Plastics Ltd., and others, to establish the precedent for recalling orders in the interest of justice.

6. After considering the submissions and reviewing the records, the Tribunal found merit in the appellant's contentions. It was noted that letters requesting postponement of the hearing had been sent, indicating the appellant's willingness to participate. The Tribunal, referring to previous legal precedents, decided to recall the final order and allowed the rectification of mistake applications. The cases were scheduled for rehearing on 4-11-2008, ensuring the party's right to be heard and addressing the issue of the ex-parte order.

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