Appellate remedy against ex parte adjudication allowed on costs, pre-deposit compliance, and no limitation objection

A party that did not participate in adjudication sought leave to pursue an appeal against an ex parte order after delay in approaching the appellate forum. The Court accepted sufficient cause for the delay only in part, balanced the right to appeal against the procedural lapse, and permitted the appeal subject to payment of costs and compliance with the statutory pre-deposit requirement. The appellate authority was directed to hear the matter on merits without raising any limitation objection.

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Issues: Whether the petitioners should be permitted to file and pursue an appeal against the ex parte adjudication order on terms.

Analysis: The petitioners did not participate in the adjudication proceedings and the notice to show cause remained unanswered, resulting in an ex parte order. The petitioners showed sufficient cause for not approaching the appellate forum earlier, but the explanation was not wholly satisfactory. The Court therefore balanced the right to an appellate remedy against the delay by imposing costs and requiring compliance with the statutory pre-deposit condition before the appeal could be entertained without objection on limitation.

Conclusion: The petitioners were granted an to prefer the appeal subject to payment of costs and compliance with the statutory pre-deposit requirement, and the appellate authority was directed to hear the appeal on merits without raising a limitation objection.

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