Procedural fairness permits reopening a reply opportunity when ex parte closure resulted from advocate non-appearance.

A tribunal may reopen a closed opportunity to file a reply where ex parte proceedings arose from counsel's non-appearance and fairness requires a hearing on the merits. The Tribunal applied its inherent procedural power and the principle that a litigant should not suffer for the fault of its advocate, noting that the matter had later reached a stage where clarifications were being sought. On that basis, it permitted the corporate debtor to file its reply and advance arguments, recalled the ex parte closure, and imposed costs while disposing of the application.

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Issues: Whether the corporate debtor was entitled to reopen the opportunity to file a reply and recall the ex parte order closing its right to reply.

Analysis: The application was filed under the Tribunal's jurisdiction to grant appropriate relief and invoked its inherent procedural power. The record showed that the matter had proceeded ex parte because the then advocate for the corporate debtor did not appear, and the Tribunal also noted that the proceedings had later reached a stage where clarifications were being sought. In these circumstances, the Tribunal applied the principle that a party should not suffer for the fault of its counsel and held that fairness required permitting the corporate debtor to place its reply and advance arguments.

Conclusion: The request to reopen the matter and permit filing of the reply was allowed, and the ex parte closure was effectively recalled in favour of the corporate debtor.

Final Conclusion: The corporate debtor was granted an opportunity to file its reply, with costs imposed, and the application was disposed of by allowing the relief sought.

Ratio Decidendi: A party ought not to be prejudiced for the failure of its advocate to appear, and procedural relief may be granted to secure a fair opportunity of hearing where the circumstances justify reopening the matter.

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