Rectification of factual error led to recall of the final order and fresh hearing of the appeal.

A rectification application can be maintained to correct a factual mistake in a final order where the order under challenge related to a different issue. On examining the record, the Tribunal found that its earlier observations were factually incorrect. Once such a mistake was accepted, recall of the final order was necessary so the appeal could be heard afresh. The rectification application was therefore allowed and the earlier order recalled.

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Issues: Whether the Miscellaneous Application for rectification of mistake should be allowed and the earlier final order recalled on account of factual error in the order under challenge.

Analysis: The application pointed out that the earlier final order had proceeded on a different issue from the one arising out of the impugned order-in-appeal. On examination of the records, the Tribunal found that the earlier order contained a factual mistake in its observations. A rectification application is maintainable to correct such an error, and once the mistake is accepted, recall of the earlier order follows to enable the appeal to be heard afresh.

Conclusion: The rectification application was allowed and the final order dated 01.09.2017 was recalled.

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