9911796707
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Issues:
Application for recall of Final Order, Condonation of delay, Ex parte order, Change of address notification, Consideration of case laws, Recall of ex parte order, Service of notice, Diligence in prosecuting appeal. Analysis: The applicants filed an application for the recall of Final Order No. 1887/2005 dated 11-11-2005 passed ex parte by the Bench, along with a request for condonation of delay. The applicants argued that they shifted to a new address in Mumbai, informed postal authorities about the change, but did not receive crucial documents such as the stay order and hearing notices. They claimed they only learned about the Final Order after a letter from the Department and collected the relevant documents from the Tribunal's Registry later. They contended that the Tribunal did not consider the impact of similar decisions and Supreme Court cases. They relied on precedents to support their plea for the recall of the ex parte order. The Tribunal examined the circumstances and noted that the applicants received the Final Order on 20-4-2006 and filed the recall application on 24-5-2006, beyond the 30-day limit. The delay was explained to be 35 days, necessitating condonation. The Tribunal then assessed whether the Final Order could be recalled. It highlighted the address discrepancies and the failure of the applicants to update the Tribunal about the change in address. The Registry dispatched notices to the old address, which were returned undelivered. The Tribunal found that the applicants did not diligently prosecute their appeal and did not provide strong grounds to recall the Final Order. Citing case laws and the lack of efforts by the applicants, the Tribunal rejected the Miscellaneous application for recall of the Final Order. In conclusion, the Tribunal refused to recall the Final Order due to the lack of diligence by the applicants in updating their address with the Tribunal, failure to receive crucial documents, and insufficient grounds provided for the recall. The Tribunal emphasized the importance of timely communication and diligence in pursuing legal proceedings, ultimately upholding the ex parte order passed on merits.
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