2013 (5) TMI 835

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..... R), for the Respondent. ORDER This application filed by the appellant contains a request for personal hearing. From the submissions made by the learned consultant for the company, I understand that the purport of this application is to recall a Final Order passed by this Bench and rehear the case. The captioned appeal arose before this Bench for final hearing on 8-10-2012 under due intimation to .....

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..... 0-2012, that the railway reservations were full on 7-10-2012 and that no suitable alternative was available for him to travel from Hubli to Bangalore to appear before this Tribunal on 8-10-2012. According to the learned Superintendent (AR), the explanation offered by the appellant is far from satisfactory. He also points out that there is no prayer in this application for recall of the Final Order .....

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..... efault may be restored if sufficient cause is shown by the appellant for his default. There is no question of "restoration" of an appeal which stands dismissed on merits. For recall of the Final Order passed on merits, exceptional reasons must be shown, which are not forthcoming in the instant case. 5. In the result, application stands rejected. (Pronounced and dictated in open Court)
C .....

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