Ex parte order recall for sufficient cause allowed, restoring the appeal for fresh hearing on merits.

An ex parte order may be recalled and the appeal restored where a respondent's absence was not attributable to its own fault and sufficient cause prevented appearance. Applying its procedural power to prevent injustice, the Tribunal accepted that counsel had not appeared and the respondent was unaware of the non-appearance. It held that recalling the ex parte order was appropriate to secure the ends of justice, and restored the appeal to its original number for rehearing on merits.

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Issues: Whether an ex parte order passed in the absence of the respondent's counsel, without the respondent's fault, should be recalled and the appeal restored for rehearing.

Analysis: The matter had been decided ex parte under Rule 21 of the CESTAT (Procedure) Rules, 1982 because no one appeared for the respondent when the appeal was taken up. The respondent showed that its counsel had not appeared and that it was unaware of the non-appearance. The Tribunal applied the principle that where a party is prevented from appearing for sufficient cause, the ex parte order may be recalled to secure the ends of justice, relying on the Tribunal's power under Rule 41 to pass appropriate orders to prevent injustice.

Conclusion: The ex parte order was recalled and the appeal was restored to its original number in favour of the respondent.

Final Conclusion: The recall application succeeded, and the matter was reopened for fresh consideration on merits.

Ratio Decidendi: A tribunal may recall an ex parte order and restore the matter when the absence of a party was for sufficient cause and not attributable to that party's fault, in order to secure the ends of justice.

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