Recall of final order for non-consideration of cross-objections and a Board circular; appeal restored for fresh hearing.

A final appellate order may be recalled where material submissions and supporting material were omitted from consideration. Here, the respondents' cross-objections and the Board circular filed with the request letter were not taken into account before the appeal was decided. Because the complete record had not been considered, the rectification application was allowed, the final order was recalled, and the appeal was restored for fresh consideration in its original number.

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Issues: Whether the final order was liable to be recalled on the ground that the cross-objections filed by the respondents and the Board circular relied upon by them had not been considered.

Analysis: The applicants had filed cross-objections in the appeal, but the final order had been passed without taking them into account. The Board circular produced with the request letter was also not considered. The omission to consider these material submissions and the circular meant that the appeal had not been decided after taking the complete record into account.

Conclusion: The rectification application was allowed and the final order was recalled for fresh consideration, with the appeal restored to its original number.

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