Ex Parte Order Challenge Fails Where Written Submissions Were On Record And Considered On Merits

A Tribunal order was sought to be recalled on the ground that it was ex parte and that rectification was available. The record showed that the respondent had filed written submissions on the hearing date, those submissions were on record and signed by counsel, and the appeal was decided after considering them. On that basis, the claim that the matter was decided without participation or without consideration on merits was not supported. The recall and rectification application was therefore held not maintainable and was rejected.

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Issues: Whether the final order passed by the Tribunal should be recalled on the ground that it was an ex parte order and whether the rectification application was maintainable.

Analysis: The respondent had filed written submissions on the date fixed for arguments, those submissions were on record and signed by counsel, and the appeal was decided after considering them. The record did not support the claim that the matter had been decided without the respondent's participation or without a request for decision on merits.

Conclusion: The application for recall and rectification was not maintainable and was rejected.

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