Non-service of hearing notice justified restoration of a stay petition dismissed for non-prosecution.

Notice of hearing sent to a closed unit instead of the corporate address furnished in the appeal was treated as non-service on the appellant. Because the stay petition had been dismissed for non-prosecution due to that non-service, the Tribunal recalled the earlier dismissal order and restored the stay petition to its original number for fresh consideration.

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Issues: Whether the stay petition dismissed for non-prosecution was liable to be restored on the ground that notice of hearing had not been served on the appellant.

Analysis: The appellant showed that the communication address furnished in the appeal was the corporate office at Bangalore, whereas the notice of hearing was sent to the Mysore unit, which had already been closed. On the material before it, the Tribunal found that the notice of hearing had not been served on the appellant and that the dismissal for non-prosecution resulted from this non-service.

Outcome: The restoration application was allowed, the earlier stay order dismissing the stay petition was recalled, and the stay petition was restored to its original number for fresh consideration.

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