Tribunal condones significant delay in compliance, restores appeal status

The tribunal acknowledged the significant delay in compliance with the pre-deposit order, spanning over 5 years. Despite this, the appellant demonstrated efforts by making payments in installments from 2009 to 2013 due to financial constraints. Considering the appellant's genuine interest and gradual fulfillment of the pre-deposit requirement, the tribunal decided to condone the delay and restore the appeal to its original status.

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Issues:
1. Compliance with pre-deposit order.
2. Delay in compliance with pre-deposit order.
3. Condonation of delay in depositing the pre-deposit amount.

Compliance with Pre-deposit Order:
The appellant was directed to deposit a specific amount, taking into account the amount already paid. Despite failing to comply with the order initially, the appellant later deposited additional amounts on various dates, demonstrating their effort to meet the pre-deposit requirement. The appellant cited financial constraints as the reason for the delay in depositing the full amount.

Delay in Compliance with Pre-deposit Order:
The appellant's delay in complying with the pre-deposit order was over 5 years. The respondent vehemently opposed the application, arguing that such a lengthy delay was not justified. However, the appellant consistently made payments in installments from 2009 to 2013, indicating a genuine interest in pursuing the appeal despite financial limitations.

Condonation of Delay in Depositing the Pre-deposit Amount:
After considering both parties' arguments and reviewing the payment details, the tribunal acknowledged the significant delay but noted the appellant's efforts to gradually fulfill the pre-deposit requirement. Citing the appellant's financial constraints and the case law precedent, the tribunal decided to condone the delay and allowed the appellant's application for restoration of the appeal to its original status.

In conclusion, despite the substantial delay in compliance with the pre-deposit order, the tribunal recognized the appellant's genuine efforts and financial challenges, ultimately deciding to condone the delay and restore the appeal to its original number.

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