Conditional writ relief on pre-deposit compliance: staggered deposit, appeal restoration on time, and revival of tribunal orders on default

In writ jurisdiction, conditional protection may be granted against the effect of tribunal orders while directing compliance with a pre-deposit requirement. The High Court declined to interfere with the impugned orders on merits, but allowed staggered deposit within a stipulated period and made continuation of protection dependent on strict adherence to the instalment schedule. On timely compliance, the appellate forum was to restore the appeal and hear it on merits with all contentions open; on default, the tribunal's orders would revive and lawful recovery steps could proceed.

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Issues: Whether, in exercise of writ jurisdiction, protection could be granted against the effect of the Tribunal's orders and time allowed for compliance with the pre-deposit condition, with the appeal to be restored on timely deposit.

Analysis: The Court declined to interfere with the impugned orders on merits, but granted conditional indulgence by directing staggered deposit of the amount within the stipulated period. It made the continuation of protection dependent upon strict compliance with the instalment schedule, and clarified that non-compliance would revive the Tribunal's orders and permit further lawful recovery steps. It also directed that if the deposits were made within time, the appellate forum would restore the appeal and hear it on merits, while keeping all contentions open.

Conclusion: Conditional relief was granted in favour of the petitioner, subject to deposit of the specified amounts within time, with revival and restoration of the appeal upon compliance and no protection in the event of default.

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