Conditional restoration of a recall application was permitted despite repeated defaults, subject to deposit and fresh tribunal reconsideration.

Conditional discretionary relief may be granted in judicial review despite repeated procedural defaults where the court considers it just to enable a merits hearing. Here, the petitioner had repeatedly failed to prosecute the matter, including default in pre-deposit and dismissal of later applications for non-prosecution, yet the court allowed one further opportunity to pursue recall of the earlier dismissal as time-barred. The impugned orders were set aside subject to deposit of a specified amount, and the tribunal was directed to reconsider the recall application afresh on merits.

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Issues: Whether the High Court should interfere with the Tribunal's order dismissing the petitioner's recall application for non-prosecution and whether the petitioner should be afforded one more opportunity to pursue recall of the earlier dismissal order.

Analysis: The petitioner had repeatedly failed to prosecute the proceedings diligently, including default in pre-deposit, rejection of the appeal for non-compliance, and dismissal of later miscellaneous applications for non-prosecution. Even so, the Court considered the request for a further opportunity to pursue recall of the Tribunal's earlier order rejecting the appeal as time-barred. Balancing the petitioner's repeated defaults against the request for a hearing on merits, the Court found it appropriate to grant conditional relief by requiring a monetary deposit as a safeguard before the Tribunal would reconsider the recall application.

Conclusion: The impugned orders were set aside subject to the petitioner depositing the specified amount, and the Tribunal was directed to reconsider the recall application afresh.

Final Conclusion: The writ petition succeeded only to the extent of obtaining conditional restoration of the petitioner's recall application, leaving the substantive matter to be reconsidered by the Tribunal on merits.

Ratio Decidendi: Conditional discretionary relief may be granted in judicial review despite repeated procedural defaults, where the Court considers it just to facilitate a merits adjudication upon compliance with suitable terms.

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