Sufficient cause for recall of ex parte orders rejected where repeated non-appearance was unexplained and additional documents could not be admitted.

Recall of an ex parte order requires proof of sufficient cause for non-appearance, and the Tribunal will not reopen proceedings where a party repeatedly failed to attend despite several opportunities. The explanation of illness, a partner's father's demise, and alleged counsel lapse was found insufficient because other partners could have appeared. Review is limited to error apparent on the face of the record, and a request to place additional documents on record cannot be pursued unless recall is first granted; here, the additional material was also not timely produced. The recall applications were rejected and the request to admit additional documents failed with them.

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Issues: Whether the recall applications seeking setting aside of the ex parte and consequential orders were maintainable on the ground of sufficient cause for non-appearance, and whether the Tribunal should take the additional documents on record.

Analysis: The Tribunal found that the applicant had been afforded several opportunities to appear and participate in the appeal, yet remained absent from the proceedings from 18.10.2023 onwards. The explanation based on the illness and subsequent demise of a partner's father, and alleged lapse of previous counsel, was held insufficient, particularly since the firm had other partners who could have attended the proceedings. The Tribunal reiterated that recall of an ex parte order is justified only where sufficient cause preventing appearance is established, while review is confined to error apparent on the face of the record. It also noted that the application to place additional documents on record could be considered only if recall were granted, and in any event the cited Supreme Court judgment had not been timely produced.

Conclusion: The recall applications were not allowed, as no sufficient cause for non-appearance was proved, and the request to bring additional documents on record did not survive.

Ratio Decidendi: Recall of an ex parte order requires proof of sufficient cause for non-appearance, and absent such cause the Tribunal will not interfere merely because the party later seeks to reopen the matter or rely on additional material.

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