1992 (4) TMI 125

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....rder per: Harish Chander, President]. - By the present application, the applicants have made a prayer for restoration of appeal as well as stay application. The Tribunal vide its order S-156/91-D dated 9-9-1991 dismissed the stay application for default of appearance by the appellants. Thereafter, vide Order No. E. 427/91-D dated 15-10-1991 had dismissed the appeal for non-compliance with the p....

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....annot be gainsaid that when the Act or the Rules do not specifically prohibit restoration of an appeal dismissed on the ground of non-deposit of the penalty amount, the Tribunal certainly has the power and jurisdiction to recall its earlier order, if the ends of justice require such a course of action. It is more so because while dismissing appeal on the ground of non-deposit of the penalty amount....