Appeal Dismissed for Non-Compliance with Orders

The Court dismissed the civil miscellaneous appeals and associated CMPs due to non-compliance with the pre-deposit order and subsequent dismissal of the appeal. The appellant's argument of discrimination based on a Mumbai Tribunal decision was rejected, emphasizing the importance of adhering to court orders and timelines. The Court advised the appellant to seek relief through proper channels and approach the Tribunal again for recourse.

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Issues: Appeals arising from order for pre-deposit and consequential dismissal for non-compliance.

Analysis:
1. The appellant was directed to make a pre-deposit by the Tribunal, with a deadline of six weeks. However, the appellant failed to comply with the order, seek an extension, or file an appeal against it. Consequently, the appeal was dismissed for non-compliance with the conditional order.

2. The appellant filed two appeals - one against the pre-deposit order and another against the dismissal of the appeal. Additionally, a petition for condonation of delay was filed, which was allowed by the Court.

3. The appellant's counsel argued that the case was similar to a decision by the Mumbai Tribunal where total waiver was granted to others but not to the appellant, alleging discrimination. The counsel contended that the impugned orders should be set aside due to the appellant's strong case on merits based on another Mumbai Tribunal decision.

4. The Court noted that the original order for pre-deposit was issued on 12.12.2014, with a deadline of six weeks for compliance. The appellant failed to take any action within the stipulated time or even after, leading to the dismissal of the appeal on 30.6.2015. The Court emphasized that once a consequential order is passed due to non-compliance, the original order cannot be challenged without adhering to the conditions set forth.

5. Consequently, the Court dismissed the civil miscellaneous appeals and the associated CMPs, without imposing any costs. The appellant was advised to seek relief they are entitled to under the law by approaching the Tribunal again.

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