Restoration after substantial delay requires sufficient cause; negligence and lack of diligence justified rejection of the applications.

Restoration applications filed after substantial delay were rejected where the applicant failed to show sufficient cause for non-appearance. The record showed prior participation in the proceedings, awareness of the appeal, no timely intimation of change of address or closure of premises, and no bona fide effort to track the case for several years. The explanation of later knowledge of the final order and reliance on the Covid-19 period was held insufficient, and the fact that the final order had already been acted upon further weighed against restoration. On those facts, the applications were held not maintainable and were dismissed.

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Issues: Whether the applications for restoration of the appeal, filed after a substantial delay and based on alleged non-receipt of hearing notices and change of address, deserved to be allowed.

Analysis: The applications sought restoration of an appeal earlier decided ex parte. The record showed that the appellant was aware of the proceedings, had participated in earlier stages, and had not informed the authorities about closure of its premises or taken steps to ascertain the status of the appeal for several years. The explanation of change of address and later knowledge of the final order was found insufficient. The long delay was treated as substantial, the conduct was characterised as negligent, and the asserted Covid-19 period was found to be a much later circumstance. The request for restoration was also declined because the final order had already been acted upon by the department.

Conclusion: The applications for restoration were not maintainable on the facts and were rejected.

Ratio Decidendi: A restoration application made after substantial delay will not be allowed in the absence of sufficient cause, particularly where the applicant shows negligence, lack of diligence, and no bona fide effort to follow the proceedings.

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