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Issues: Whether the order earlier passed ex parte should be recalled and the appeal restored for fresh hearing on the ground that the appellant had sufficient cause for non-appearance and its written submissions had not been considered.
Analysis: The order was challenged on the footing that the matter had been decided without the appellant's participation and that the Tribunal had not dealt with the written submissions and cited authorities. In a rectification application seeking recall, the relevant consideration was whether sufficient cause existed for the absence and whether the earlier order should be set aside so that the appeal could be heard afresh. The Tribunal accepted that the earlier order had been passed ex parte and that recall was justified in the circumstances.
Conclusion: The ex parte order was recalled and the appeal was restored to its original number.
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