Ex parte stay order recall permitted where sufficient cause for absence was shown and justice required restoration of hearing.

An ex parte stay order may be recalled where the party shows sufficient cause for non-appearance and the recall is needed to secure the ends of justice. The Tribunal accepted the appellants' explanation that fog delayed arrival and that counsel could not attend because of a serious family illness. It also noted the matter had earlier been remanded after dispensing with pre-deposit. On that basis, the ex parte stay order was recalled and the stay applications were restored to their original numbers for hearing.

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Issues: Whether the ex parte stay order should be recalled and the stay applications restored on showing sufficient cause for the appellants' non-appearance.

Analysis: The Tribunal accepted the explanation for absence on the scheduled date, namely delay in reaching due to fog and the counsel's inability to attend because of a serious illness in the family. It also noted that the matter had earlier been remanded after dispensing with pre-deposit, and that the power to recall an ex parte order may be exercised to secure the ends of justice where a party was unable to appear for reasons beyond control.

Conclusion: The ex parte stay order was recalled and the stay applications were restored to their original numbers for hearing.

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