Natural justice in appeal dismissal: stay petition must be considered and hearing afforded before rejecting for non-deposit.

Dismissal of an appeal for non-deposit of the ordered amount, without first considering the stay petition or granting a personal hearing, was held to violate natural justice. The appellate authority had disposed of the matter without examining the stay request, and that procedural lapse made the order unsustainable. The impugned dismissal was therefore set aside, and the matter was remanded to the lower appellate authority to reconsider the stay petition after affording a reasonable opportunity of hearing.

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Issues: Whether dismissal of the appeal for non-deposit of the ordered amount, without considering the stay petition or affording a personal hearing, could be sustained.

Analysis: The dismissal order was passed by a newly incumbent appellate authority without examining the stay petition and without granting the party an opportunity of hearing. Such disposal, in the circumstances, amounted to a violation of the principles of natural justice.

Conclusion: The impugned order was not sustainable and was set aside. The matter was remanded to the lower appellate authority for reconsideration of the stay petition after giving a reasonable opportunity of hearing.

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