2004 Supreme(SC) 1666

SUPREME COURT OF INDIA
S. RAJENDRA BABU, G.P. MATHUR, JJ.
ARM Limited - Appellant
Versus
Commissioner of Customs, Madras - Respondents
C.A. No. 1080 of 1998
Decided on : 10-02-2004.

An appeal disposed of by a tribunal due to non-appearance caused by an administrative error, such as the omission of the advocate's name from the cause list, should be restored for fresh disposal if the error is not controverted.

Headnote:(A) Procedural Law - Restoration of Appeal - Omission of Advocate's name in cause list - Appeal disposed of by Tribunal due to non-appearance - Where the fact that the name of the Advocate on record was not shown in the cause list, preventing appearance, is not controverted by the respondent, the order of the Tribunal is liable to be set aside and the matter remitted for fresh disposal in accordance with law.

Facts of the case:
An appeal was posted for hearing before the Tribunal. Due to the omission of the Advocate on record's name from the cause list, no arrangements could be made for appearance, resulting in the appeal being disposed of by the Tribunal.

Findings of Court:
The court observed that the respondent was not in a position to controvert the fact regarding the omission of the name in the cause list.

Issues: Whether an appeal disposed of by a Tribunal due to non-appearance, caused by the omission of the Advocate's name from the cause list, should be restored for fresh disposal.

Ratio Decidendi: When a party is prevented from appearing before a tribunal because of an administrative error such as the omission of the advocate's name from the cause list, and this fact is not disputed, the matter must be remitted for fresh disposal to ensure the right to be heard.

Result: Appeal allowed.