Recall Application Granted to Set Aside Ex-Parte Order; Timely Resolution Emphasized The High Court allowed the recall application filed by M/s Chandravati Polymers Pvt. Ltd. to set aside an ex-parte Final Order due to issues with notice ...
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Recall Application Granted to Set Aside Ex-Parte Order; Timely Resolution Emphasized
The High Court allowed the recall application filed by M/s Chandravati Polymers Pvt. Ltd. to set aside an ex-parte Final Order due to issues with notice delivery and changes in the company's address. The Tribunal directed the restoration of the original appeal, set a final hearing date, and imposed a cost of &8377; 50,000 to be paid to the Prime Minister National Relief Fund. The Tribunal emphasized the need for timely resolution by stating no adjournments would be granted.
Issues: Recall of ex-parte Final Order
Analysis: The judgment concerns a miscellaneous application filed by M/s Chandravati Polymers Pvt. Ltd. seeking the recall of an ex-parte Final Order dated 09.04.2015. The Hon'ble Allahabad High Court, in a related matter, observed that the Tribunal has the power to set aside an ex-parte order if sufficient cause is shown by the appellant for non-appearance. The Court directed the appellant to file an appropriate application for recall, emphasizing the Tribunal's wide powers under Rule 41 to secure the ends of justice. Following this direction, the appellant filed a recall application on 22nd July, 2016, citing issues with the service of notices and changes in the company's address. The Tribunal acknowledged the discrepancies in notice delivery and, in the interest of justice and compliance with the High Court's directions, allowed the recall application for M/s Chandravati Polymers Pvt. Ltd. subject to a cost of &8377; 50,000 to be paid to the Prime Minister National Relief Fund.
The Tribunal, in line with the High Court's directions, directed the registry to restore the original appeal to its number and set a final hearing date for the long-pending matter from 2005 on 08th June, 2017. The Tribunal explicitly stated that no adjournments would be granted, emphasizing the need for timely resolution. The order was passed in the presence of the appellant's counsel, ensuring transparency and procedural compliance in the proceedings.
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