Conditional stay on partial pre-deposit granted where repeated non-appearance and pre-deposit default showed lack of diligence.

Repeated non-appearance and earlier dismissal for failure to comply with the statutory pre-deposit requirement led the Tribunal to treat the applicants as not serious in prosecuting the stay petitions. It directed a conditional stay on recovery only against partial compliance, requiring deposit of 50% of the duty demanded in each case within the stipulated time, with waiver of the balance. If the deposit was not made within eight weeks, the appeals would stand dismissed without further notice.

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Issues: Whether waiver of pre-deposit should be granted in view of the applicants' repeated non-appearance and earlier dismissal of the appeals for non-compliance with the statutory pre-deposit requirement; and whether conditional stay could be extended on partial deposit.

Analysis: The applicants did not appear on the adjourned date and had earlier sought adjournment. The appeals had already been dismissed for non-compliance with the pre-deposit requirement under section 35F. In these circumstances, the Tribunal held that the applicants were not serious in prosecuting the stay petitions and directed deposit of 50% of the duty demanded in each case within the stipulated time, with waiver of the balance and stay of recovery only upon compliance.

Outcome: Conditional stay granted on partial pre-deposit. The stay petitions were disposed of with a direction to deposit 50% of the duty demanded in each case within eight weeks, failing which the appeals would stand dismissed without further notice.

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