Restoration of appeals after failed settlement proceedings allowed, with delayed refiling cured by costs and merits left open.

Appeals originally filed within time and later withdrawn for settlement proceedings may be restored when the settlement route fails and the dispute has not been finally decided on merits. The court treated the later delay in returning to the Tribunal as not fatal, since the challenge to the order-in-original remained unresolved and the petitioners were entitled to pursue their appellate remedy in the interest of justice. Restoration was therefore permitted, subject to payment of costs as a condition.

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Issues: Whether the appeals, earlier withdrawn to pursue settlement proceedings and later sent back after rejection by the Settlement Commission, should be restored for hearing on merits.

Analysis: The original appeals had been filed within time. Although there was delay in approaching the Tribunal after the Settlement Commission rejected the settlement application for non-cooperation, the matter had not been finally adjudicated on the merits of the challenge to the order-in-original. In the interest of justice, the petitioners were entitled to an opportunity to pursue the appeals. Restoration was made conditional upon payment of costs.

Conclusion: The appeals were ordered to be restored in favour of the petitioners, subject to payment of costs.

Final Conclusion: The writ petitions succeeded and the petitioners were permitted to revive their appellate challenge to the adjudication order upon compliance with the cost condition.

Ratio Decidendi: Where an appeal was originally filed in time and the dispute had not been finally resolved on merits, the court may restore the appeal in the interest of justice despite subsequent delay, especially where restoration is made conditional on costs.

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