Corporate authority and abuse of process bar restoration of appeals validly withdrawn without any breach of natural justice.

A restoration application filed after an appeal had been validly withdrawn was held not maintainable because it was submitted by a company functionary without evidence of Board sanction to revive the proceedings. The Tribunal found no denial of natural justice, noting that a party may press or withdraw its own application and that personal hearing was unnecessary on these facts. Repeated attempts to reopen the dismissed appeals were treated as an abuse of process, so the restoration requests were dismissed and the appeals continued to stand dismissed as withdrawn.

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Issues: Whether the applications for restoration of the appeals, earlier dismissed as withdrawn, were maintainable and deserved to be allowed.

Analysis: The applications were filed again by a company functionary without any material showing sanction by the Board of Directors to revive the appeals. The earlier withdrawal of the appeals had been allowed, and the Tribunal found no denial of natural justice in that course because an applicant is entitled to press or withdraw its own application and personal hearing was not necessary in the circumstances. Repeated attempts to revive the appeals were treated as an abuse of the process of the Tribunal.

Conclusion: The restoration applications were not maintainable and were dismissed.

Final Conclusion: The appeals continued to stand dismissed as withdrawn, and no revival of the appellate proceedings was permitted.

Ratio Decidendi: A restoration request filed without proper corporate authority, after a valid withdrawal of the appeal, cannot be entertained when it amounts to an abuse of process and no breach of natural justice is shown.

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