Conditional pre-deposit relief: part payment, immovable property security and disclosure can justify interim protection pending appeal.

Conditional modification of a pre-deposit requirement may be granted where the petitioners offer part payment, furnish security over immovable property to the satisfaction of the respondents, and disclose bank accounts and other immovable assets. The operative effect is interim protection against recovery during pendency of the appeal, while preserving adjudication on merits after compliance with the stated conditions. The document states that such relief does not involve any expression of opinion on the merits of the underlying appeal and is limited to safeguarding recovery through adequate security and disclosure.

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Issues: Whether the petitioners were entitled to modification of the pre-deposit requirement and interim protection against recovery during pendency of the appeal.

Analysis: The petitioners agreed to deposit part of the penalty amount within a stipulated time and to furnish security in the form of immovable property to the satisfaction of the respondents, along with an affidavit disclosing bank accounts and other immovable properties. On that basis, the impugned order was modified and the appeal was directed to be decided on merits after compliance with the stated conditions, without any expression of opinion on the merits of the appeal.

Conclusion: The petition was partly allowed and the pre-deposit dispensation issue was resolved in favour of the petitioners to the extent of permitting conditional relief.

Final Conclusion: The writ petition was disposed of by granting conditional modification of the pre-deposit requirement and by preserving the parties' rights for adjudication of the appeal on merits.

Ratio Decidendi: Where adequate part payment and security are offered to safeguard recovery, the Court may modify a pre-deposit order without entering into the merits of the underlying appeal.

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