Pre-deposit compliance restores dismissed appeal after timely deposit under court direction.

An appeal dismissed for non-compliance with a stay order was restored after the balance pre-deposit was made within the time directed by the High Court. The restoration was considered against the earlier stay condition and the High Court's direction that the appeal would revive on timely deposit of the remaining amount. As the record showed compliance within the stipulated period, the appeal was restored to its original number and the restoration application was allowed.

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Issues: Whether the appeal dismissed for non-compliance with the stay order was liable to be restored after the balance pre-deposit was made pursuant to the High Court's direction.

Analysis: The application for restoration was considered in the light of the earlier stay direction requiring a pre-deposit of Rs. 10 lakhs and the subsequent order of the High Court directing deposit of the balance amount within the stipulated time, upon which the appeal would stand revived. The record showed that the balance amount had been deposited within time.

Conclusion: The appeal was restored to its original number and the restoration application was allowed.

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