Ex parte tribunal order set aside to secure hearing rights; fresh hearing ordered with costs, merits left open.

The High Court at Calcutta records that the Tribunal proceeded ex parte after rejecting an adjournment request made in the context of a lawyers' strike, which prevented the petitioner from placing a material agreement before it. The ex parte conditional deposit order was interfered with to secure an effective opportunity of hearing, and the matter was directed to be heard afresh. The merits of the dispute were expressly left open, while costs were imposed for the inconvenience caused to the respondents and the fresh hearing was made subject to payment of those costs.

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Issues: Whether the ex parte conditional deposit order passed by the Tribunal should be set aside and the matter remanded for fresh hearing after affording the petitioner an opportunity of hearing.

Analysis: The Tribunal had proceeded ex parte after rejecting an adjournment application filed in the context of a lawyers' strike, and the petitioner was unable to place a material agreement before it. The order was interfered with only to secure an effective opportunity of hearing. The merits of the dispute were expressly left open. Costs were imposed for the inconvenience caused to the respondents, and the fresh hearing was directed to follow deposit of costs.

Conclusion: The ex parte order was set aside and the Tribunal was directed to hear the appeal afresh after giving the petitioner an opportunity of hearing, subject to payment of costs.

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