Pre-deposit compliance requires a fair opportunity before dismissal, and unclear records justified remand for fresh consideration.

An appeal should not be rejected for non-compliance with the pre-deposit requirement unless the appellant has been given an opportunity to comply. Where the record did not clearly show that such an opportunity had been afforded before dismissal, the matter was remanded to the first appellate authority. The authority was directed to grant an opportunity before taking any fresh decision on rejection for non-compliance and then pass a fresh order.

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Issues: Whether an appeal dismissed for non-compliance with the pre-deposit requirement could stand where it was unclear whether the appellant had been afforded an opportunity before such dismissal.

Analysis: The record did not ly show whether an opportunity had been granted before rejecting the appeal for non-compliance. The governing approach required that an opportunity be afforded before dismissal on the ground of non-compliance with the pre-deposit requirement.

Conclusion: The matter was remanded to the first appellate authority to grant an opportunity before rejecting the appeal for non-compliance and to pass a fresh order.

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