Ex parte interim stay in delayed appeal should not continue without hearing the other side before reconsideration

Even where a delayed appeal may be admitted with limitation kept open on a prima facie showing of sufficient cause, an ex parte interim stay affecting business rights should not continue without hearing the other side. The High Court noted that fairness required both parties to be heard before the stay application was decided, especially where prompt reconsideration was available and the appeal was listed for early hearing. The Tribunal was therefore directed to hear both sides and decide the stay application expeditiously, with the writ petition disposed of on that basis.

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Issues: Whether the ex parte interim stay granted by the Tribunal in an appeal filed after delay required interference and whether the Tribunal should be directed to hear both parties before deciding the stay application.

Analysis: The appeal had been filed after nearly two years, and Regulation 9(f) of the Karnataka Appellate Tribunal Regulations, 1979 permitted admission of a delayed appeal by keeping the question of limitation open if sufficient cause was shown prima facie. Even so, the matter involved adverse interim protection affecting the petitioner's business, and fairness required that the petitioner be heard before continuation of the ex parte stay. As the appeal was listed for imminent hearing and both sides were willing to appear, the controversy could be suitably addressed by directing an early hearing on the stay application instead of sustaining the ex parte order without consideration of both sides.

Conclusion: The ex parte interim order was not allowed to continue unchecked, and the Tribunal was directed to hear both parties and decide the stay application expeditiously.

Final Conclusion: The writ petition was disposed of with a direction for prompt reconsideration of interim relief after affording opportunity of hearing to both sides.

Ratio Decidendi: Even where a delayed appeal may be entertained keeping limitation open, an ex parte interim order affecting rights should not be continued without hearing the other side when an opportunity for prompt reconsideration is available.

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