1995 (7) TMI 202

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....DR, for the Respondent. [Order per : S. Kalyanam, Vice President]. - This is an application for rectification of mistake and also a prayer to recall the order of the Tribunal dated 8-2-1994 on the ground that the hearing notice was not served on the petitioner herein before the impugned order was passed. 2. Shri Sriram Panchu, the learned Counsel for the petitioner submitted that thi....

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....der the impression that since the CEGAT, Delhi has taken note of the new address of the petitioner and intimated the transfer of the file to the South Regional Bench, the petitioner would get the hearing notice from the Tribunal. Unfortunately, due to inadvertence, notice of hearing was sent to the petitioner's in the old address, which the petitioner did not receive and subsequently in the above ....

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....s. Since the party did not have an opportunity to participate in the proceedings by reason of the fact that hearing notice was not sent to the party, in the interests of justice the impugned order is required to be recalled and the matter decided afresh after affording the petitioner a reasonable opportunity of being heard. It is well settled that in similar circumstances the Tribunal is entitled ....