Kar Vivad Samadhan Scheme declaration could not be rejected once the appeal was restored and treated as pending.

A declaration under the Kar Vivad Samadhan Scheme could not be rejected for alleged non-pendency of appeal where an ex parte dismissal had been recalled and the appeal restored. The declaration itself referred to the dismissal order and the pending recall application, and once the Tribunal restored the appeal to its original number, the appeal was treated as pending on the declaration date. Rejection solely on the ground that no appeal was pending was therefore unsustainable, and the challenge to the single judge's order failed.

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Issues: Whether a declaration under the Kar Vivad Samadhan Scheme could be rejected on the ground that no appeal was pending when an ex parte order dismissing the appeal had been recalled and the appeal restored.

Analysis: The declaration specifically referred to the dismissal of the appeal by an ex parte order and to the pending recall application. Once the Tribunal recalled the dismissal order and restored the appeal to its original number, the appeal was treated as pending on the date of declaration. In such circumstances, rejection of the declaration solely on the ground of non-pendency was unsustainable.

Conclusion: The rejection of the declaration was invalid, and the challenge to the learned single Judge's order failed.

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