Stay condition waived where 60% of demand was already paid and appeal remained pending.

Further insistence on an additional 15% payment as a condition for stay was found unnecessary where the assessee had already paid 60% of the assessed demand, the appeal remained pending, and the Court declined to examine the assessment merits at that stage. The petitioner's status as a fully owned Government undertaking also weighed against imposing the extra payment condition. The additional condition was waived, and absolute stay was granted during the pendency of the appeal.

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Issues: Whether the condition requiring payment of an additional 15% of the demand, over and above the 60% already paid, was justified while the appeal remained pending.

Analysis: The petitioner had already satisfied 60% of the assessed liability. The appeal was still pending, and the Court declined to enter into the merits of the assessment dispute at that stage. In view of the existing payment, the pendency of the appeal, and the petitioner's status as a fully owned Government undertaking, the Court found no necessity to insist on a further 15% payment as a condition for stay.

Conclusion: The additional condition was waived and the petitioner was held entitled to absolute stay during the pendency of the appeal.

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