Substantial justice over technical delay leads to restoration of appeal after belated compliance with pre-deposit conditions.

An appeal dismissed for non-compliance with a stay order was restored after the appellant later deposited the balance of the required pre-deposit. The Tribunal noted the prolonged delay in compliance but treated the case as one where substantial justice should prevail over technical considerations. On that basis, it allowed restoration of the appeal to its original number and directed it to be listed for disposal.

---

---

Issues: Whether the appeal, earlier dismissed for non-compliance with the stay order, deserved restoration after the appellant deposited the full pre-deposit amount belatedly.

Analysis: The appellant had initially deposited only part of the amount directed under the stay order and sought restoration after later depositing the balance. The Tribunal noted the prolonged delay but took into account the peculiar facts of the case and applied the principle that substantial justice should prevail over technical considerations.

Conclusion: The appeal was restored to its original number and listed for disposal.

---