Natural justice in appeal restoration: dismissal set aside where no fair chance was given to comply with the stay order.

An appeal dismissed without giving the appellants a fair opportunity to comply with the modified stay order may be restored where the omission results in failure of justice. The Tribunal noted that the modification application had been considered and no sufficient cause was shown to alter the impugned order, but the appellants were not afforded any opportunity after dismissal to comply with the order. To secure fairness and prevent denial of natural justice, the dismissal was set aside, the appeal was restored to its original number, and the stay application was directed to be heard afresh.

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Issues: Whether the appeal, dismissed without giving the appellants an opportunity to comply with the modified stay order, should be restored to its original number.

Analysis: The Tribunal found that the modification application had been placed before it, but no sufficient cause was found to modify the impugned order. Even so, the appellants were not afforded any opportunity to comply with the order after the dismissal of the appeal. In the circumstances, the absence of such opportunity amounted to a failure of justice.

Conclusion: The appeal was restored to its original number and the stay application was directed to be heard afresh.

Final Conclusion: The dismissal of the appeal was set aside in order to secure compliance with the requirements of fairness, and the matter was revived for further hearing.

Ratio Decidendi: Where an appeal is dismissed without granting the appellant a fair opportunity to comply with the operative order, the matter may be restored to prevent denial of natural justice.

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