Recall of ex parte appellate order granted where lack of notice and sufficient cause justified restoration of the appeal.

An ex parte appellate order may be recalled where the applicant shows sufficient cause for non-appearance and lack of notice. Here, the appellant said it had not received the appeal memorandum, hearing notice, or the Tribunal's earlier order, and learned of the adverse order only when recovery action was initiated. Accepting these reasons after hearing both sides, the Tribunal held that sufficient cause was made out. The restoration application was allowed, the earlier order dated 24-10-2007 was recalled, and the appeal was restored to its original number.

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Issues: Whether the order disposing of the appeal ex parte should be recalled and the appeal restored to its original number.

Analysis: The applicant stated that it had not received the appeal memorandum, notice of personal hearing, or a copy of the Tribunal's earlier order, and that the adverse order came to its knowledge only when recovery was sought. In view of these reasons and after hearing both sides, the Tribunal found sufficient cause to recall the earlier order.

Conclusion: The application for restoration was allowed, the order dated 24-10-2007 was recalled, and the appeal was restored to its original number.

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