Ex Parte Proceedings

If any of the parties under dispute remain absent despite after such party has been duly served with a notice, the dispute may be decided ex parte but if the defendant applies before the Registrar, arbitrator; board of arbitrators or appellate authority, as the case may be, for the cancellation of the ex parte award of order on the ground that the summon has not been duly served on him and for which he produces evidence, the ex parte award or order after satisfaction of the authority concerned shall be cancelled with reference to any or all defendants and a date shall be fixed on which the hearing of the case shall re-commence but the time for disposal of the dispute shall be calculated from the date of recommencement of the hearing: Provided that no application to cancel the ex parte award can be made if appeal against the ex parte award had already been filed and that appeal had been dismissed except on the ground that the appellant had withdrawn it.