Natural justice requires fresh hearing before dismissing an appeal for pre-deposit non-compliance when modification is sought.

A successor appellate authority cannot summarily dismiss an appeal for non-compliance with a pre-deposit direction when the appellant has sought modification of that direction and a fresh hearing. The authority must reconsider the stay petition and afford a reasonable opportunity of hearing before taking a final view. Summary dismissal without such reconsideration amounts to breach of natural justice and shows want of application of mind. The impugned order was therefore set aside, and the matter was remanded for de novo consideration of the stay request and fresh disposal after hearing the appellant.

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Issues: Whether the appellate authority could summarily dismiss the appeal for non-compliance with the pre-deposit direction without reconsidering the appellant's request for modification and without affording a fresh hearing.

Analysis: The pre-deposit direction had been passed after hearing the parties, but the appellant later sought modification and another personal hearing. In these circumstances, the successor appellate authority was required to reconsider the stay petition and give a fresh opportunity of hearing before taking a final view. Summary dismissal for non-deposit, without such reconsideration, was held to be in breach of principles of natural justice and without application of mind.

Conclusion: The dismissal of the appeal could not be sustained. The stay request was allowed, the impugned order was set aside, and the matter was remanded for reconsideration of the stay petition and for passing a de novo order after affording a reasonable opportunity of hearing.

Final Conclusion: The appellant succeeded to the extent of obtaining remand for fresh consideration of the stay petition, and the lower appellate order was annulled for want of fair hearing.

Ratio Decidendi: A successor appellate authority cannot summarily dispose of a matter for non-compliance with a pre-deposit order when a request for modification and fresh hearing is pending; it must afford a reasonable opportunity of hearing and then decide the matter afresh.

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