Tribunal restores appeal allowing appellant to proceed for final hearing, citing adverse impact on license renewal.

The Tribunal recalled the Final Order dismissing the appeal and restored it, allowing the appellant to proceed with the appeal for final hearing. The decision was based on the appellant's argument that withdrawal of the appeal had adversely affected their license renewal, supported by legal precedents allowing the Tribunal to recall withdrawal orders. The Tribunal distinguished the opposition's reliance on a judgment regarding abuse of court process, finding it inapplicable to the current situation. The appeal was fixed for final hearing on 15th November 2018.

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Issues:
Withdrawal of appeal leading to consequences on the appellant's license renewal, Tribunal's power to recall order of withdrawal, Precedents cited by the Ld. Advocate, Opposition by Ld. DR, Appellant's right to restore the appeal, Applicability of cited precedents, Decision to recall the Final Order and restore the appeal, Fixing the appeal for final hearing.

Analysis:
The appellant filed a miscellaneous application seeking withdrawal of the Final Order dismissing the appeal, highlighting that the withdrawal caused prejudice as the appellant's license renewal was affected. The Ld. Advocate argued that the Tribunal has the authority to recall the withdrawal order, citing various decisions, including the Hon'ble Delhi High Court's ruling in Mediplus (India) Ltd. case and Tribunal decisions in Padiyur Sarvodaya Sangh and R.G. Gupta & Company cases. Additionally, reliance was placed on the Mumbai High Court's decision in Commissioner of Customs & Central Excise, Goa v. Pankaj Jaju and Gujarat High Court's ruling in Gayatri Enterprise v. State of Gujarat.

The Ld. DR opposed the application, contending that restoring the appeal after withdrawal would lead to an abuse of the court process and endless litigation, citing the Hon'ble Punjab & Haryana High Court's judgment in Teja Singh v. U.T. of Chandigarh. After considering both sides' submissions, the Tribunal deliberated on the appellant's right to seek restoration of the appeal and the recall of the earlier order. The Tribunal referenced its own decision and the Hon'ble Delhi High Court's ruling in Mediplus (India) Ltd., emphasizing that a mistake in legal understanding or opinion of counsel does not bind the party if it causes irreparable prejudice.

In contrast, the Tribunal found the Ld. AR's reliance on the Hon'ble Punjab and Haryana High Court's decision in Teja Singh case not applicable to the present scenario, where the withdrawal was not followed by filing a fresh petition on the same facts. Consequently, the Tribunal decided to recall the Final Order and restore the appeal to its original number. The appeal was scheduled for final hearing on 15th November 2018.

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