1995 (6) TMI 102

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..... cellaneous Application prays for recalling and/or setting aside Order No. A-779/CAL/1994, dated 11-8-1994 and thereafter to restore the Appeal for hearing. The said Order being short is reproduced in extenso :- "The appellant is served with a Notice of hearing. The same was issued by Registered Post. The Appellant is absent. There is no request for adjournment. On a perusal of the file, it is see .....

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..... he prayer made in the subject Miscellaneous Application, I am of the view that the Order dated 11-8-1994 cannot be recalled because there is no such power vested in the Tribunal to recall an order of that type. It is only an order which has dismissed an Appeal for default in appearance, or an order in which merits of the case have not been considered - that order can be recalled. Accordingly, I di .....

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