2006 (1) TMI 106

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....provides that if on the date fixed for hearing, the appellant does not appear in person or through an authorised representative when the appeal was called on for hearing, the Tribunal may dispose of the appeal on the merits after hearing the respondent. Rule 25 similarly empowers the Tribunal to dispose of the appeal after hearing the appellant if the respondent does not appear when the appeal is ....

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....rt of the appeal is that the Tribunal was not competent to recall the order passed by it on November 13, 2003. It could according to Ms. Bansal only rectify the order but not recall the same in toto. There is no merit in that contention. We say so because the proviso to rules 24 and 25 empowers the Tribunal to set aside an ex parte order and to restore the appeal already disposed of on the merits ....