law: Company Law Board Regulations, 1991 
  26. Procedure to be
  
  followed where any party does not appear – 
  1.     
  
    Where,
  
  on the date fixed for hearing of the petition or any application or on any
  
  other date to which such hearing may be adjourned, the petitioner or the
  
  applicant as the case may be, does not appear when the petition or the
  
  application is called for hearing, the Bench may, in its discretion, either
  
  dismiss the petition or the application for default or hear and decide the same
  
  ex parte.
  2.     
  
    Where
  
  a petition or application has been dismissed for default and the petitioner or
  
  the applicant files an application within thirty days from the date of
  
  dismissal and satisfies the Bench that there was sufficient cause for his
  
  non-appearance when the petition or the application was called for hearing, The
  
  Bench may pass an order setting aside the order dismissing the petition or the
  
  application and restore the same.
  Provided, however,
  
  where the case was disposed on merit, the decision shall not be recalled.
  1.     
  
  
  2.     
  
  
  3.     
  
    Where,
  
  on the date fixed for hearing or any other date to which such hearing may be
  
  adjourned, the petitioner appears but the respondent does not appear when the
  
  petition is called for hearing, the Bench, may, in its discretion, adjourn the
  
  hearing or hear and decide the petition ex parte.
  4.     
  
    Where
  
  the petition has been heard ex parte against the respondent or respondents,
  
  such respondent or respondents may apply to the Bench within thirty days for an
  
  order to set aside and if the respondent and respondents satisfy the Bench that
  
  the notice was not duly served on him or them or that he or they were prevented
  
  by any sufficient cause from appearing when the petition was called for
  
  hearing, the Bench may make an order setting aside the ex parte order against
  
  him or them on such terms as it thinks fit and shall appoint a date for
  
  proceeding with the petition.
  Provided that where
  
  the ex parte order is of such nature that it cannot be set aside as against one
  
  respondent only, it may be set aside as against all or any or the other
  
  respondents also.
  Provided further that
  
  in cases covered by sub-regulation (7)of regulation 21, the Bench shall not set
  
  aside the ex parte order merely on the ground that a shareholder or a creditor
  
  did not have the notice of the petition.